Mulberry Homes VI, LLC v. Gargiulo et al

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATIONS : The Court adopts Judge Brown's R & R and accordingly, IT IS HEREBY ORDERED THAT (1) the motion to amend the caption to replace John Doe 1 with Laura Gargiulo and to dismiss John Does 2-12, LVNV Funding , LLC, New York State Department of Taxation and Finance, and the State of New York by the Incorporated Village of Garden City Justice Court is granted; (2) the action is dismissed as against the IRS; (3) the motion for a judgment of foreclosure and sale as to the remaining defendants is granted and plaintiff is awarded damages of $692,779.27; and (5) plaintiff shall submit a revised proposed Judgment of Foreclosure and Sale consistent herewith under cover of letter on or before October 5, 2018. See attached Order.Ordered by Judge Denis R. Hurley on 9/27/2018. (Gapinski, Michele)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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MULBERRY HOMES VI LLC,
Plaintiff,

ORDER ADOPTING REPORT
AND RECOMMENDATION
15-CV-1913 (DRH)(GRB)

-againstCONSTANCE GARGIULO, THE UNITED
STATES OF AMERICA DEPARTMENT OF
TREASURY INTERNAL REVENUE SERVICE,
LONG ISLAND LIGHTING COMPANY D/B/A LIPA,
KEYSPAN GAS EAST CORPORATION
D/B/A KEYSPAN ENERGY DELIVERY L.I.,
LARRY JACOBSON, AS CHAIRMAN OF THE
JOINT INDUSTRY BOARD OF THE ELECTRICAL
INDUSTRY, EDWARD COREA, LVNV FUNDING,
LLC, CITIBANK (SOUTH DAKOTA) N.A., NEW
YORK STATE DEPARTMENT OF TAXATION
AND FINANCE, PEOPLE OF THE STATE OF NEW
YORK BY INC. VILLAGE OF GARDEN CITY
JUSTICE COURT, and JOHN DOE “1” through “12”
said names being fictitious, parties intended being
possible tenants or occupants of premises, and corporations,
other entities or persons who claim,
or may claim, a lien against the premises,
Defendants.
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Presently before the Court is the Report and Recommendation of Magistrate Judge Gary
R. Brown, dated August 30, 2018, recommending that the Court (1) grant the motion to amend
the caption to replace John Doe 1 with Laura Gargiulo and to dismiss John Does 2-12, LVNV
Funding, LLC, New York State Department of Taxation and Finance, and the State of New York
by the Incorporated Village of Garden City Justice Court; (2) dismiss the IRS; (3) grant the
judgment of foreclosure and sale as to the remaining defendants; (4) award plaintiff damages of
$692,779.27; and (5) direct plaintiff to submit a revised Judgment of Foreclosure and Sale. The
undersigned further recommends that the Court appoint a referee, who shall select the

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appropriate newspaper and bank to conduct the sale of the mortgaged premises in accordance
with N.Y. Real Prop. Acts. Law. More than fourteen (14) days have passed since service of the
Report and Recommendation and no objections have been filed.
Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 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 the August 30, 2018 Report and Recommendation of
Judge Brown as if set forth herein. Accordingly,
IT IS HEREBY ORDERED THAT (1) the motion to amend the caption to replace John
Doe 1 with Laura Gargiulo and to dismiss John Does 2-12, LVNV Funding, LLC, New York
State Department of Taxation and Finance, and the State of New York by the Incorporated
Village of Garden City Justice Court is granted; (2) the action is dismissed as against the IRS; (3)
the motion for a judgment of foreclosure and sale as to the remaining defendants is granted and
plaintiff is awarded damages of $692,779.27; and (5) plaintiff shall submit a revised proposed
Judgment of Foreclosure and Sale consistent herewith under cover of letter on or before October
5, 2018.
SO ORDERED.
Dated: Central Islip, New York
September 27, 2018

s/ Denis R. Hurley
Denis R. Hurley
United States District Judge

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