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Buske v. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 26, 2009

BRUCE BUSKE, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

DAVID N. HURD United States District Judge

DECISION and ORDER

Plaintiff filed this action in February 2007, appealing a denial of Social Security benefits. By Report-Recommendation dated November 20, 2008, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that defendant's motion for judgment on the pleadings should be denied; plaintiff's cross-motion for judgment ion the pleadings should be denied in part and granted in part, and remanded for reconsideration. The parties have filed objections to the report and recommendation.

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

ORDERED that

1. Defendant's motion for judgment on the pleadings is DENIED;

2. Plaintiff's cross-motion for judgment on the pleadings is DENIED in part and GRANTED in part.

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

IT IS SO ORDERED.

20090126

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