United States District Court, N.D. New York
JUDGMENT IN A CIVIL CASE
action came to a hearing before the Court. The issues have
been heard and a decision has been rendered.
IS ORDERED AND ADJUDGED
Plaintiff's motion for judgment on the pleadings is
GRANTED. It is further ORDERED the Acting Commissioner's
determination that plaintiff was not disabled at the relevant
times, and thus is not entitled to benefits under the Social
Security Act, is VACATED. It is further ORDERED that the
matter is hereby REMANDED to the Acting Commissioner without
a directed finding of disability, for further proceedings
consistent with this determination. It is further ORDERED
that the clerk is respectfully directed to enter judgment,
based upon this determination, remanding the matter to the
Acting Commissioner pursuant to sentence four of 42
U.S.C.§ 405(g) and closing this case.
the above pursuant to the order of the Honorable David E.
Peebles, dated this 26th day of May, 2017.
Rules of Appellate Procedure Rule 4. Appeal as of
Appeal in a Civil Case.
Time for Filing a Notice of Appeal.
a civil case, except as provided in Rules 4(a)(1)(B),
4(a)(4), and 4(c), the notice of appeal required by Rule 3
must be filed with the district clerk within 30 days after
entry of the judgment or order appealed from.
notice of appeal may be filed by any party within 60 days
after entry of the judgment or order appealed from if one of
the parties is:
(i) the United States;
(ii) a United States agency;
(iii) a United States officer or employee sued in an official
(iv) a current or former United States officer or employee
sued in an individual capacity for an act or omission
occurring in connection with duties performed on the United
States' behalf - including all instances in which the
United States represents that person when the ...