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Damiano v. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


June 25, 2010

CLIFFORD DAMIANO, PLAINTIFF,
v.
MICHAEL J. ASTRUE, IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, DEFENDANT.

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

DECISION AND ORDER

Presently before the Court is Magistrate Judge George H. Lowe's June 7, 2010 Report and Recommendation in which he recommends that the decision of the Commissioner of Social Security be remanded to the agency for further consideration, and the Court having reviewed the Report and Recommendation and the entire file in this matter and no objections to said Report and Recommendation having been filed, the Court hereby

ORDERS that the Report-Recommendation filed by Magistrate Judge George H. Lowe on June 7, 2010 is, for the reasons stated therein, accepted in its entirety; and the Court further

ORDERS that the decision of the Commissioner of Social Security is VACATED and the matter is REMANDED to the agency for further consideration.

IT IS SO ORDERED.

20100625

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