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Barton v. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


December 16, 2009

DAVID P. BARTON, JR., PLAINTIFF,
v.
MICHAEL J. ASTRUE COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Frederick J. Scullin, Jr., S.J.

DECISION AND ORDER

Currently before the Court is Magistrate Judge Victor E. Bianchini's November 23, 2009 Report and Recommendation to which the parties have filed no objections. Having reviewed that Report and Recommendation and the entire file in this matter, the Court hereby

ORDERS that the Report and Recommendation of Magistrate Judge Victor E. Bianchini filed November 23, 2009 is ACCEPTED in its entirety, for the reasons stated therein, and the Court

ORDERS that the Commissioner's decision denying disability benefits is REMANDED for further proceedings consistent with the Report and Recommendation.

IT IS SO ORDERED.

20091216

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