DECISION AND ORDER
The above-captioned matter having been presented to me by the Report-Recommendation of Magistrate Ralph W. Smith, Jr. filed January 23, 1997, and having reviewed the Report-Recommendation and the entire file in this matter, and no objections to said Report-Recommendation having been filed, it is hereby
ORDERED, that the Report-Recommendation by Magistrate Judge Ralph W. Smith, Jr. filed January 23, 1997 is ACCEPTED; and it is further
ORDERED, that defendant's final decision is AFFIRMED; plaintiff's request for attorney's fees is DENIED; and the complaint is DISMISSED in its entirety.
IT IS SO ORDERED.
DATED: February 24, 1997
Syracuse, New York
Frederick J. Scullin, Jr.
United States District Judge
JUDGMENT IN A CIVIL CASE
Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED
That the report recommendation of Magistrate Judge Ralph W. Smith, Jr., dated January 23, 1997 is accepted and it is further ordered that the final decision is affirmed and the plaintiff's request for attorney's fees is denied and the complaint is dismissed in its entirety.
All of the above pursuant to the order of the Honorable Judge Frederick J. Scullin, Jr., dated the 24th day of February, 1997.
February 27, 1997
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