IANNI v. BARNHART

No. 02-CV-74A.

403 F.Supp.2d 239 (2005)

Lewis IANNI, Plaintiff, v. Joanne B. BARNHART, Commissioner of the Social Security Administration, Defendant.

United States District Court, W.D. New York.

November 18, 2005.


Attorney(s) appearing for the Case

Toohey Clary & Bax, LLP (Dennis A. Clary, of Counsel), Lewiston, NY, for Plaintiff.

Kathleen M. Mehltretter, Acting United States Attorney (Christopher V. Taffe, Assistant United States Attorney, of Counsel), Rochester, NY, for Defendant.


ORDER

ARCARA, Chief Judge.

The above-referenced case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On October 27, 2005, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant's motion for judgment on the pleadings be denied and the matter remanded for calculation of benefits; alternatively, that defendant's motion for judgment on the pleadings should be granted.

The...

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