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Anthony Fiozzo v. Michael J. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 16, 2011

ANTHONY FIOZZO, 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 January 19, 2011 by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 24). On February 2, 2011, Plaintiff Anthony Fiozzo ("Plaintiff") filed objections ("Objections") to the Magistrate Judge's Report-Recommendation. Dkt. No. 25.

This Court is to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. Where, however, an objecting "'party makes only conclusory or general objections, or simply reiterates his original arguments, the Court reviews the Report and Recommendation only for clear error.'" Farid v. Bouey, 554 F. Supp. 2d 301, 307 (N.D.N.Y. 2008) (quoting McAllan v. Von Essen, 517 F. Supp. 2d 672, 679 (S.D.N.Y. 2007) (citations and quotations omitted)).

The Court has considered the Objections, undertaken a de novo review of the record, and determined that the Report-Recommendation should be approved for the reasons stated therein.

For the above reasons, 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 is AFFIRMED,and the Commissioner's Motion for judgment on the pleadings (Dkt. No. 20) is GRANTED; and it is further

ORDERED, that Plaintiff's Motion for judgment on the pleadings (Dkt. No. 16) is DENIED; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED.

Albany, New York

20110216

© 1992-2011 VersusLaw Inc.



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