Mestecky v. New York City Department of Education et al

Filing 133

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the record and, finding no clear error, adopts the well-reasoned R&R as the opinion of the Court. Defendants are directed to file their amended answer within one week of this Order. Ordered by Judge Carol Bagley Amon on 12/11/2017. (Fernandez, Erica)

FILED
U,9.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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* DEC 12 2017 -A
-X

ROSA A. MESTECKY,

®ROOiaYHt»fFICE

Plaintiff,

-againstNEW YORK CITY DEPARTMENT OF

NOT FOR PUBLICATION

EDUCATION,DENNIS M. WALCOTT,in his

MEMORANDUM & ORDER

official capacity as Chancellor ofthe New York
City Department of Education, MICHELE

13-CV-4302(CBA)
(VMS)

LLOYD-BEY,individually and in her official

capacity as Superintendent of District 27, and
GARY FAIRWEATHER,individually and in his

official capacity as Principal of the PS/MS 43
School,
Defendants.
X

AMON,United States District Judge:

The Court has received the Report and Recommendation("R&R')ofthe Honorable Vera

M. Scanlon, United States Magistrate Judge, recommending that defendants be granted leave to
file an untimely answer. (D.E. # 132.)

No party has objected to the R&R,and the time for doing so has passed. When deciding
whether to adopt a report and recommendation, a district court"may accept, reject, or modify, in
whole or in part, the findings or recommendations made by the magistrate judge. 28 U.S.C.

§ 636(b)(1). To accept those portions ofthe R&R to which no timely objection has been made,"a
district court need only satisfy itself that there is no clear error on the face of the record." Jaryis
V. N. Am.Globex Fund.L.P.. 823 F. Supp.2d 161,163(E.D.N.Y. 2011)(internal quotation marks
and citation omitted).

The Court has reviewed the record and, finding no clear error, adopts the well-reasoned

R&R as the opinion ofthe Court. Defendants are directed to file their amended answer within one
week of this Order.
SO ORDERED.

Dated: December

,2017

Brooklyn, New York

s/Carol Bagley Amon

Carol Bagle;^ Amc
United States Dismct Judge