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Aiello v. Commissioner of Social Security

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 9, 2009

JUDITH A. AIELLO, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

Plaintiff filed this action in August 2006, pursuant to 28 U.S.C. § 636(b) and Local rule 72.3(d). By Report-Recommendation dated December 18, 20087, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that the decision of the Commissioner be reversed, and the case be remanded for a proper determination of plaintiff's RFC consistent with the Report, analysis of credibility, and development of the record. No objections have been filed.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge DiBianco, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that

1. The decision of the Commissioner is REVERSED;

2. This matter is REMANDED to the Commissioner for further proceedings consistent with the Report-Recommendation.

IT IS SO ORDERED.

20090109

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