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Picinich v. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 9, 2010

WILLIAM PICINICH, PLAINTIFF,
v.
MICHAEL J. ASTRUE COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on February 8, 2010, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 24).

Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. On February 12, 2010, Plaintiff, acting through his attorney, filed a Letter Motion (Dkt. No. 25) with the Court requesting an extension of time to file until April 1, 2010. The Court granted Plaintiff an extension of time to file his brief until March 5, 2010. See Dkt. No. 27. No objections have been raised in the allotted time with respect to Judge Bianchini's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.

Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 24) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that the Commissioner's decision to deny Plaintiff's application for benefits is UPHELD; and it is further

ORDERED, that Plaintiff's case is DISMISSED in its entirety; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.

20100309

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