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Ruth Chanecka On Behalf of the Estate of Mary A. Dofton v. Michael J. Astrue Commissioner of Social Security

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


December 28, 2010

RUTH CHANECKA ON BEHALF OF THE ESTATE OF MARY A. DOFTON, PLAINTIFF,
v.
MICHAEL J. ASTRUE COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Gary L. Sharpe, U.S. District Judge

ORDER

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge David R. Homer, duly filed December 6, 2010. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby ORDERED, that the Report-Recommendation of Magistrate Judge David R. Homer filed December 6, 2010 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that the Commissioner's motion to dismiss (Dkt. No. 6) is GRANTED and Chanecka's complaint is DISMISSED, and it is further ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties.

IT IS SO ORDERED

Dated:

Albany, New York

20101228

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