UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
February 3, 2011
DANIEL C. STOESSER, PLAINTIFF,
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
The opinion of the court was delivered by: Gary L. Sharpe, U.S. District Judge
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Victor E. Bianchini, duly filed January 19, 2011. 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 herebyORDERED, that the Report-Recommendation of Magistrate Judge Victor E. Bianchini filed January 19, 2011 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that the Plaintiff's Motion for Judgment on the Pleadings is GRANTED, that the Commissioner's Motion for Judgment on the Pleadings is DENIED, that the decision of the Commissioner is reversed and the case is remanded to the Commissioner for calculation of benefits, and it is furtherORDERED, that the Clerk of the Court is to mail copies of the Order to the parties.
IT IS SO ORDERED
Albany, New York
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