From Casetext: Smarter Legal Research

Amberg v. Astrue

United States District Court, N.D. New York
Jun 23, 2010
6:08-CV-967 (LEK/VEB) (N.D.N.Y. Jun. 23, 2010)

Opinion

6:08-CV-967 (LEK/VEB).

June 23, 2010


DECISION AND ORDER


This matter comes before the Court following a Report-Recommendation filed on May 24, 2010 by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 19). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Plaintiff Floyd W. Amberg, which were filed on June 2, 2010. Objections (Dkt. No. 20).

It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 19) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Defendant's Motion for Judgment on the Pleadings is GRANTED, that Plaintiff's Motion for Judgment on the Pleadings is DENIED, and that the decision of the Commissioner is AFFIRMED; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.


Summaries of

Amberg v. Astrue

United States District Court, N.D. New York
Jun 23, 2010
6:08-CV-967 (LEK/VEB) (N.D.N.Y. Jun. 23, 2010)
Case details for

Amberg v. Astrue

Case Details

Full title:FLOYD W. AMBERG, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:United States District Court, N.D. New York

Date published: Jun 23, 2010

Citations

6:08-CV-967 (LEK/VEB) (N.D.N.Y. Jun. 23, 2010)

Citing Cases

Yeomas v. Colvin

(Tr. 67). I agree with Yeomas, however, that the ALJ failed to discuss or assign weight to the opinions of…

Rosenbauer v. Astrue

I conclude, however, that the ALJ's error was harmless because Harding's opinion is consistent with the ALJ's…