Eastern Savings Bank, FSB v. Lutchmidat et al

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the Report and Recommendation for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, the Court adopts Judge Lindsays November 21, 2014 Report and Recommendation as set forth therein. Accordingly, the Court confirms the referees report and awards plaintiff $954,860.69 as a deficiency judgment. Ordered by Judge Denis R. Hurley on 3/10/2015. (Kaley, Regina)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------------------------------X
EASTERN SAVINGS BANK, FSB,
Plaintiff,

ORDER
11 CV 2571 (DRH) (ARL)

-againstKHAIMWATTI SANDRA LUTCHMIDAT, et al.,
Defendants.
----------------------------------------------------------X
HURLEY, Senior District Judge:

Eastern Savings Bank (“plaintiff”) commenced this foreclosure action against defendants
Khaimwatti Sandra Lutchmidat (“Lutchmidat”), North Shore University Hospital, Winthrop
University Hospital, Slomins Inc., Capital One Bank USA NA, and John Does #1 through #12 1
pursuant to New York Real Property Actions and Proceedings Law (“RPAPL”) § 1301 et seq,
seeking to foreclose on a mortgage encumbering certain real property. On January 9, 2013, the
Court granted summary judgment against Lutchmidat. On March 29, 2013 the Court issued a
Judgment of Foreclosure and Sale ordering the sale of the mortgaged property. Pursuant to this
Judgment, the mortgaged property was sold at public auction to plaintiff for $100.00. Plaintiff
now seeks to confirm the referee’s report of the sale and to obtain a deficiency judgment against
Lutchmidat. (Report and Recommendation at 3.)
On May 2, 2014, the Court referred the plaintiff’s motion for an order confirming the
referee’s report of sale and for a deficiency judgment to Magistrate Judge Arlene R. Lindsay. On
November 21, 2014, Judge Lindsay issued a Report and Recommendation recommending that
plaintiff’s “application be granted in its entirety and Plaintiff be awarded a deficiency judgment

1

Lutchmidat was the only defendant to appear in the action, and a certificate of default
1

in the amount of $954,860.69.” (Report and Recommendation at 5-6.) At this time, no party has
filed any objections to the Report and Recommendation.
Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has
reviewed the Report and Recommendation for clear error, and finding none, now concurs in both
its reasoning and its result. Accordingly, the Court adopts Judge Lindsay’s November 21, 2014
Report and Recommendation as set forth therein. Accordingly, the Court confirms the referee’s
report and awards plaintiff $954,860.69 as a deficiency judgment.

SO ORDERED.
Dated: Central Islip, New York
March 10, 2015
/s/
_
Denis R. Hurley
Unites States District Judge

was entered as to each of the others.
2