ORDER
STEIN, District Judge.
Upon de novo review of Magistrate Judge Peck's thorough Report and Recommendation dated December 9, 1997, and plaintiff's objections dated January 27, 1998,
IT IS HEREBY ORDERED that that "Report and Recommendation" is affirmed and defendant's motion for judgment on the pleadings is granted and plaintiff's cross-motion for judgment on the pleadings is denied.
REPORT AND RECOMMENDATION
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