UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT January 10, 2011 No. 09-2983 WAYNE A. SMITH, Appellant v. COMMISSIONER OF SOCIAL SECURITY (D.N.J. No. 2-08-cv-02875) Present: BARRY, CHAGARES and VANASKIE, Circuit Judges

Motion by Appellee to request publication of the opinion.

Respectfully, Clerk/ARL/awi Opinion & Judgment filed 11/22/2010.

Mandate is to Issue on 01/13/2011. _________________________________ORDER________________________________ The foregoing is GRANTED.

By the Court, /s/Maryanne Trump Barry Circuit Judge Dated: January 28, 2011