Empire Community Development, LLC v. Larsen et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS. For the reasons in the attached Memorandum and Order, the Report and Recommendation issued by Magistrate Judge Lee G. Dunst (ECF No. 25 ) is adopted in its entirety and Plaintiff's Motion for Default J udgment of Foreclosure and Sale (ECF No. 24 ) is GRANTED. Plaintiff's Proposed Judgment of Foreclosure and Sale (ECF No. 24 -3) is so ordered. The Clerk of Court is respectfully directed to enter the Proposed Judgment of Foreclosure and Sale and close this case.Ordered by Judge Nusrat Jahan Choudhury on 1/29/2025. (RDP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Empire Community Development, LLC,
Plaintiff,
-vBrian K. Larsen, Kimberly A. Larsen a/k/a Kimberly A.
Kaiser-Larsen, and Suffolk County Traffic & Parking
Violations Authority,

2:23-cv-5896
(NJC) (LGD)

Defendants.
MEMORANDUM AND ORDER
NUSRAT J. CHOUDHURY, United States District Judge:
On August 28, 2024, Plaintiff Empire Community Development, LLC (“Empire”), filed a
Supplemental Motion for Default Judgment of Foreclosure and Sale (“Motion for Default
Judgment”) in accordance with this Court’s June 3, 2024 Order. (Suppl. Mot. Default J.
Foreclosure Sale (“Mot.”), ECF No. 24; see also Order Adopting R&R, ECF No. 21.) With its
Motion for Default Judgment, Empire filed a Proposed Judgment of Foreclosure and Sale (ECF
No. 24-3), which proposes that the Court appoint Kevin Snover, Esq. as Referee to conduct a
public auction of 16 Thomas Street, Coram, NY 11727 (the “Subject Property”) for a fee of
$750. (Id. at 2.)
On October 24, 2024, Magistrate Judge Lee G. Dunst, to whom I referred the Motion for
Default Judgment, issued a Report and Recommendation (the “R&R”) recommending that
Plaintiff’s Motion for Default Judgment be granted, that Plaintiff be awarded $447,036.67 in
damages, and that a referee be appointed for the sale of the Subject Property through public
auction. (R&R at 1, 7, ECF No. 25.) The R&R instructed that any objections to the R&R must be

filed within fourteen (14) days of service, i.e., by November 7, 2024. (Id. at 7–8.) The date for
filing any objections has expired, and no party has filed an objection to the R&R.
In reviewing a report and recommendation, the 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). If no objections are filed, a district court reviews a report and recommendation for
clear error. King v. Paradise Auto Sales I, Inc., No. 15-cv-1188, 2016 WL 4595991, at *1
(E.D.N.Y. Sept. 2, 2016); Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007).
As no party has filed timely objections to the R&R, I review the R&R for clear error.
Having reviewed the Motion for Default Judgment, the R&R, and the applicable law, I find no
clear error and adopt the thorough and well-reasoned R&R in its entirety. Accordingly, I grant
Empire’s Motion for Default Judgment. (Mot., ECF No. 24.) The Proposed Judgment of
Foreclosure and Sale is so ordered. (ECF No. 24-3.) Plaintiff is awarded $447,036.67 in
damages. The Court appoints Kevin Snover, Esq. as Referee for the fee of $750.
The Clerk of Court is respectfully directed to enter the Proposed Judgment of Foreclosure
and Sale and close this case.
Dated: Central Islip, New York
January 29, 2025
/s/ Nusrat J. Choudhury
NUSRAT J. CHOUDHURY
United States District Judge

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