D'Onofrio v. City of New York et al

Filing 161

ORDER: This Court has received the Report and Recommendation of the Honorable Lois Bloom, United States Magistrate Judge, dated September 13,2010, recommending that this Court grant the defendant's motion for summary judgment as to docket number 07 -CV -0731 and remanding docket number 09-CV-3970 to the Civil Court of the City of New York, Kings County, on the ground that the Court lacks subject matter jurisdiction over the action. The parties were granted fourteen (14) days from service of the Report to file written objections. As no party has objected as of this date, the Court hereby adopts the recommendation of June 28,2010. Accordingly, as to docket number 07 -CV -0731, defendant's motion for summary judgment is granted and p laintiff's action is dismissed with prejudice. As to docket number 09-CV -3970, the case is remanded to the Civil Court of the City of New York, Kings County. The Clerk of the Court is directed to enter judgment in accordance with this Order as to docket number 07-CV-0731 and close the case. Ordered by Judge Carol B. Amon on 11/3/2010. (c/m to pro se) (Lee, Tiffeny)