City of New York v. McDonough Street Community Center, Inc. et al

Filing 18

MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court adopts the Report & Recommendation 16 of MJ Reyes without de novo review and directs the Clerk to enter judgment in accordance with the Report & Recommendation. Ordered by Judge Frederic Block on 9/9/2014. (Innelli, Michael)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------x CITY OF NEW YORK, Plaintiff, -against- MEMORANDUM AND ORDER 13-CV-03869 (FB) (RER) MCDONOUGH STREET COMMUNITY CENTER, INC. and 813-815-817 HANCOCK STREET SPONSORING BOARD, INC., Defendants. --------------------------------------------------x Appearances: For the Plaintiff: SABITA LAKSHMI KRISHNAN New York City Law Department 100 Church Street 20-91 New York, NY 10007 BLOCK, Senior District Judge: On August 5, 2014, Magistrate Judge Reyes issued a Report and Recommendation (“R&R”) recommending that the Court enter judgment against defendants for breach of contract and order defendants to transfer title to the subject property in accordance with those agreements. R&R at 10. The R&R stated that defendants’ failure to files objections within fourteen days of receipt would preclude appellate review. See id. Plaintiff served a copy of the R&R on defendants by mail on August 5, 2014. See Docket Entry No. 17 (Affidavit/Affirmation of Service of Report and Recommendation). To date, no objections have been filed. If clear notice has been given of the consequences of failure to object, and there are no objections, the Court may adopt the R&R without de novo review. See Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) (“Where parties receive clear notice of the consequences, failure to timely to object to a magistrate’s report and recommendation operates as a waiver of further judicial review of the magistrate’s decision.”). The Court will excuse the failure to object and conduct de novo review if it appears that the magistrate judge may have committed plain error. See Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000). No such error appears here. Accordingly, the Court adopts the R&R without de novo review and directs the Clerk to enter judgment in accordance with the R&R. SO ORDERED. /S/Frederic Block FREDERIC BLOCK Senior United States District Judge Brooklyn, New York September 10, 2014 2

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