UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
March 2, 2011
LYDIA L. MALONE, 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 18, 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 hereby ORDERED, that the Report-Recommendation of Magistrate Judge Victor E. Bianchini filed January 18, 2011 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED that the Commissioner's motion is DENIED, and it is further ORDERED that the decision of the Commissioner is REVERSED and the case is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. §405(g) for further administrative proceedings, and it is further ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties and by certified mail upon the plaintiff.
IT IS SO ORDERED
Albany, New York
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