Court of Appeals for the Second Circuit June 24, 2009, Docket 07-1728-cv (Moran v. Astrue)

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.