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ACIERNO v. BARNHART

Docket No. 03-6217-cv.

475 F.3d 77 (2007)

Vincent James ACIERNO, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 24, 2007.

Attorney(s) appearing for the Case

Sarah Kenney, Kirkpatrick & Lockhart Nicholson Graham LLP (Douglas F. Broder, on the brief), New York, N.Y., for Plaintiff-Appellant.

John M. Kelly, Special Assistant United States Attorney (Roslynn Mauskopf, United States Attorney, Eastern District of New York, Varuni Nelson and Kathleen A. Mahoney, Assistant United States Attorneys, on the brief), New York, N.Y., for Defendant-Appellee.

Before STRAUB and WESLEY, Circuit Judges, and UNDERHILL, District Judge.

STRAUB, Circuit Judge.

Plaintiff-Appellant Vincent James Acierno appeals from an August 18, 2003 judgment of the United States District Court for the Eastern District of New York (Allyne R. Ross, Judge) granting judgment on the pleadings and administrative record in favor of Defendant-Appellee Jo Anne B. Barnhart, the Commissioner of Social Security. The Commissioner originally denied Acierno's claim for social security disability benefits on the ground that...

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