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MORAN v. ASTRUE

Docket No. 07-1728-cv.

569 F.3d 108 (2009)

James MORAN, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 24, 2009.

Attorney(s) appearing for the Case

Mark Schneider, Plattsburgh, NY, for Appellant.

Vernon Norwood, Special Assistant United States Attorney, New York, N.Y. (Glenn T. Suddaby, United States Attorney for the Northern District of New York; Barbara L. Spivak, Chief Counsel-Region II, Office of the General Counsel, Social Security Administration, Syracuse, NY), for Appellee.

Before KEARSE, SACK, and KATZMANN, Circuit Judges.

SACK, Circuit Judge:

Plaintiff James Moran appeals from a judgment of the United States District Court for the Northern District of New York (Victor E. Bianchini, Magistrate Judge) affirming the denial of two of Moran's applications for Social Security benefits by the Commissioner of Social Security ("the Commissioner"). In vacating and remanding, we rely principally on Cruz v. Sullivan, 912 F.2d 8 (2d Cir.1990), which...

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