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Oakes v. Astrue

April 23, 2009

JOHN F. OAKES, JR., PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, MICHAEL J. ASTRUE,*FN1 DEFENDANT.



DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on March 5, 2009 by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(d) of the Northern District of New York. Report-Rec. (Dkt. No. 17). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by the Defendant, which were filed on March 19, 2009. Objections (Dkt. No. 18).

It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 17) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Defendant's Motion for judgment on the pleadings is DENIED; and it is further

ORDERED, that Plaintiff's Cross-Motion for judgment on the pleadings is GRANTED in part and DENIED in part, and the matter is REMANDED to the Commissioner for reconsideration; and it is further

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

IT IS SO ...


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