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Polynice v. Colvin

United States District Court, Second Circuit

November 19, 2013

DONNA POLYNICE, Plaintiff,
v.
CAROLYN W. COLVIN, Defendant.

MARK A. SCHNEIDER, ESQ., OFFICE OF MARK A. SCHNEIDER Attorney for Plaintiff Plattsburgh, NY.

REBECCA H. ESTELLE, ESQ., OFFICE OF GENERAL COUNSEL, Social Security Administration, Region II, Attorneys for Defendant. New York, NY.

DECISION and ORDER

DAVID N. HURD, District Judge.

Plaintiff Donna Polynice filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for disability insurance benefits and supplemental security income payments. By Report-Recommendation dated October 18, 2013, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that the decision of the Commissioner be affirmed, plaintiff's complaint be dismissed, and that plaintiff's letter motion requesting "Consideration of Subsequent Fully Favorable ALJ Decision" be denied. Plaintiff filed timely objections to the Report-Recommendation.

Based upon a de novo determination of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. ยง 636(b)(1).

Accordingly, it is

ORDERED that

1. The Commissioner's decision is AFFIRMED;

2. Plaintiff's complaint is DISMISSED in its entirety; and

3. Plaintiff's letter motion requesting "Consideration of Subsequent Fully Favorable ALJ Decision" is DENIED.

The Clerk is directed to file a judgment accordingly.

IT IS SO ORDERED.


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