From Casetext: Smarter Legal Research

Colley v. Astrue

United States District Court, N.D. New York
May 12, 2009
1:06-CV-0749 (LEK/VEB) (N.D.N.Y. May. 12, 2009)

Opinion

1:06-CV-0749 (LEK/VEB).

May 12, 2009


DECISION AND ORDER


This matter comes before the Court following a Report-Recommendation filed on April 20, 2009, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 9).

Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Bianchini's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 9) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendant's Motion for judgment on the pleadings is DENIED; Plaintiff's cross-Motion for judgment on the pleadings is GRANTED in part and DENIED in part; that the decision of the Commissioner be REVERSED and that the case be REMANDED to the Commissioner for further administrative proceedings consistent with this Report and Recommendation; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.


Summaries of

Colley v. Astrue

United States District Court, N.D. New York
May 12, 2009
1:06-CV-0749 (LEK/VEB) (N.D.N.Y. May. 12, 2009)
Case details for

Colley v. Astrue

Case Details

Full title:PAULETTE M. COLLEY, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of…

Court:United States District Court, N.D. New York

Date published: May 12, 2009

Citations

1:06-CV-0749 (LEK/VEB) (N.D.N.Y. May. 12, 2009)

Citing Cases

Samantha S. v. Comm'r of Soc. Sec.

Although Dr. Robinson's functional capacity determination was prepared in conjunction with plaintiff's…

Perozzi v. Berryhill

We agree that an ALJ may not reject a treating source's opinions solely for this reason. See, e.g., Mercado…