Razzano v. County of Nassau et al
Filing
195
MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED, that Judge Tomlinsons 194 Report and Recommendation is adopted in its entirety. The Court awards the plaintiff $20,000 in damages for emotional distress and post-judgment interest at the rate set forth in 28 U.S.C. § 1961 as of the date of the entry of final judgment; (2) denies the plaintiffs motion for attorneys fees in the amount of $2,500 associated with his request for a state administrative license hearing; and (3) denies the plaintiffs request for punitive damages, and it is further ORDERED, that the Clerk of the Court is directed to enter judgment in favor of the plaintiff in the amount of $20,000. Ordered by Senior Judge Arthur D. Spatt on 3/22/12. Terminating 170 Motion for Damages as granted. Ordered by Senior Judge Arthur D. Spatt on 3/22/12. (Coleman, Laurie)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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GABRIEL RAZZANO,
Plaintiff,
-against-
MEMORANDUM OF
DECISION AND ORDER
07-CV-3983 (ADS)(AKT)
COUNTY OF NASSAU, SALVATORE
MISTRETTA, WILLIAM LEMIEUX, and
ANTHONY ROCCO,
Defendants.
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APPEARANCES:
La Reddola, Lester & Associates, LLP
Attorneys for the plaintiff
600 Old Country Road, Suite 224
Garden City, NY 11530
By:
Robert James La Reddola, Esq.
Nassau County Attorney’s Office
Attorneys for the defendants
One West Street
Mineola, NY 11501
By:
Liora M. Ben-Sorek, Deputy County Attorney
Ralph J. Reissman, Deputy County Attorney, of Counsel
SPATT, District Judge.
On February 28, 2011, the Court granted the plaintiff’s motion for summary judgment
on his Section 1983 Fourteenth Amendment claim that the defendants failed to provide him
with an adequate opportunity to recover rifles and shotguns (“longarms”) that the defendants
had confiscated from his residence in March 2007. In that same order, the Court referred the
case to United States Magistrate Judge A. Kathleen Tomlinson for an inquest to determine
the plaintiff’s entitlement to damages, if any, caused by the lack of a prompt post-deprivation
hearing and the defendants’ retention of the plaintiff’s longarms since March 2007.
On February 27, 2012, Judge Tomlinson issued a Report and Recommendation,
recommending that the Court: (1) award the plaintiff $20,000 in damages for emotional
distress and post-judgment interest at the rate set forth in 28 U.S.C. § 1961 as of the date of
the entry of final judgment; (2) deny the plaintiff’s motion for attorneys’ fees in the amount
of $2,500 associated with his request for a state administrative license hearing; and (3) deny
the plaintiff’s request for punitive damages. To date, there have been no objections filed to
the Report.
In reviewing a report and recommendation, a 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)(C). “To accept the report and recommendation of a magistrate, 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.” Wilds v. United Parcel Serv., 262 F. Supp. 2d 163, 169
(S.D.N.Y. 2003) (citing Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985)). The
Court has reviewed Judge Tomlinson’s Report and finds it be persuasive and without any
legal or factual errors. There being no objection to Judge Tomlinson’s Report, it is hereby
ORDERED, that Judge Tomlinson’s Report and Recommendation is adopted in its
entirety. The Court awards the plaintiff $20,000 in damages for emotional distress and postjudgment interest at the rate set forth in 28 U.S.C. § 1961 as of the date of the entry of final
judgment; (2) denies the plaintiff’s motion for attorneys’ fees in the amount of $2,500
associated with his request for a state administrative license hearing; and (3) denies the
plaintiff’s request for punitive damages, and it is further
ORDERED, that the Clerk of the Court is directed to enter judgment in favor of the
plaintiff in the amount of $20,000.
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SO ORDERED.
Dated: Central Islip, New York
March 22, 2012
_/s/ Arthur D. Spatt___________
ARTHUR D. SPATT
United States District Judge
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