Summary
finding doctor was not treating physician whose opinion was entitled to controlling weight, noting it "appear[ed] that he only examined [p]laintiff on one occasion"
Summary of this case from Jasen v. Comm'r of Soc. Sec.Opinion
7:07-CV-0494 (LEK/VEB).
July 30, 2009
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on July 13, 2009, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 21).
Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Bianchini's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.
Accordingly, it is hereby
ORDERED, that the Report-Recommendation (Dkt. No. 21) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendant's Motion on the pleadings is GRANTED; and it is further
ORDERED, that Plaintiff's Motion on the pleadings is DENIED and 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.