UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
December 17, 2009
JOANN M. REVILLE PLAINTIFF,
NIAGARA FRONTIER TRANSPORTATION AUTHORITY, DEFENDANT.
The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court
This case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1), on February 27, 2007. On September 20, 2007, defendant filed a motion for summary judgment. On December 10, 2008, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that defendant's motion be granted. Magistrate Judge McCarthy reaffirmed that recommendation in a supplemental Report and Recommendation dated June 25, 2009. The Court will consider both of Magistrate Judge McCarthy's filings collectively as a single Report and Recommendation.
Plaintiff filed objections to the Report and Recommendation on September 8, 2009 and defendant filed a response thereto. Oral argument on the objections was held on December 11, 2009.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions and hearing argument from the parties, the Court adopts the proposed findings of the Report and Recommendation.
Accordingly, for the reasons set forth in Magistrate Judge McCarthy's Report and Recommendation, defendant's motion for summary judgment is granted.
The Clerk of Court is directed to take all steps necessary to close the case.
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