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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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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.
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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

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