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Capozzi v. Colvin

United States District Court, N.D. New York

May 4, 2015

CORRADINO D. CAPOZZI, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Comm'r of Soc. Sec., Defendant.

BRENT M. WHITING, ESQ., HINMAN, HOWARD & KATTELL LLP, Binghamton, New York, Counsel for Plaintiff.

ANDREEA L. LECHLEITNER, ESQ., FERGUS J. KAISER, ESQ., SOCIAL SECURITY ADMINISTRATION OFFICE OF REG'L GEN. COUNSEL, New York, New York, Counsel for Defendant.

DECISION and ORDER

GLENN T. SUDDABY, District Judge.

The above matter comes to this Court following a Report-Recommendation by United States Magistrate Judge Andrew T. Baxter, filed on April 1, 2015, recommending that the Commissioner's decision be affirmed and Plaintiff's Complaint be dismissed. (Dkt. No. 14.) Objections to the Report-Recommendation have not been filed and the time in which to do so has expired. ( See generally Docket Sheet.) After carefully reviewing all of the papers herein, including Magistrate Judge Baxter's thorough Report-Recommendation, the Court can find no clear error in the Report-Recommendation. As a result, the Report-Recommendation is accepted and adopted in its entirety; the Commissioner's decision is affirmed; and Plaintiff's Complaint is dismissed in its entirety.

ACCORDINGLY, it is

ORDERED that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 14) is ACCEPTED and ADOPTED in its entirety; and it is further

ORDERED that Plaintiff's motion for judgment on the pleadings (Dkt. No. 10) is DENIED; and it is further

ORDERED that Defendant's motion for judgment on the pleadings (Dkt. No. 13) is GRANTED; and it is further

ORDERED that the Commissioner's decision is AFFIRMED; and it is further

ORDERED that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED.


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