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Piazza v. Colvin

United States District Court, N.D. New York

May 1, 2015

PAUL PIAZZA, Plaintiff,
v.
CAROLYN A. COLVIN, Acting Commissioner of Social Security, Defendant.

GEORGE P. FERRO, ESQ., OFFICE OF ALEX C. DELL, Albany, NY, Attorneys for Plaintiff.

JOANNE JACKSON PENGELLY, ESQ., OFFICE OF REGIONAL GENERAL COUNSEL, New York, NY, Attorneys for Defendant, Social Security Administration.

DECISION and ORDER

DAVID N. HURD, District Judge.

Plaintiff Paul Piazza filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying his application for disability benefits and supplemental security income payments under the Social Security Act. This action was dismissed as untimely nearly three years ago. Plaintiff has now moved for relief from the judgment of dismissal and requests reinstatement of his complaint pursuant to Rule 60 of the Federal Rules of Civil Procedure. By Report-Recommendation dated April 10, 2015, the Honorable David E. Peebles, United States Magistrate Judge, recommended that the motion be denied based both upon the inordinate length of time that has passed since the case was closed and on the merits. 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

Plaintiff's motion pursuant to Federal Rule of Civil Procedure 60(b)(6) for relief from the court's prior order and judgment dismissing his complaint is DENIED.

IT IS SO ORDERED.


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