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Myer v. Colvin

United States District Court, N.D. New York

January 15, 2015

HEATHER MYER, o/b/o KWC, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

PETER M. MARGOLIUS, ESQ., OFFICE OF PETER M. MARGOLIUS, Catskill, NY, Attorney for Plaintiff.

MONIKA K. CRAWFORD, ESQ., OFFICE OF REGIONAL GENERAL COUNSEL, Social Security Administration, New York, NY. Attorneys for Defendant.

DECISION & ORDER

DAVID N. HURD, District Judge.

Plaintiff Heather Myer, on behalf of K.W.C., a minor, filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for Supplemental Security Income benefits under the Social Security Act. By Report-Recommendation dated December 15, 2014, the Honorable David E. Peebles, United States Magistrate Judge, recommended that the Commissioner's motion to dismiss the complaint based on plaintiff's failure to timely commence this action within the sixty-day time period prescribed by law be granted. No objections to the Report-Recommendation were filed.

Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. ยง 636(b)(1).

Therefore, it is

ORDERED that

1. The Commissioner's motion to dismiss is GRANTED; and
2. Plaintiff's complaint is DISMISSED.

IT IS SO ORDERED.


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