The Secretary of the U.S. Department Housing and Urban Development v. Nassau County Public Administrator et al
Filing
34
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Report and Recommendations are adopted in their entirety. The Clerk shall enter judgment (1) ordering the foreclosure and sale of 67 Harriman Ave, Hempstead, NY 11550, (2) appointing John Michael Probstein, Esq. to conduct the sale, (3) directing that Mr. Probstein receive a fee of $750 from the proceeds of the sale, (4) directing that the plaintiff receive $618,291.92 from the proceeds of the sale, plus pre-judgment in terest from April 8, 2024 through the entry of judgment, (5) directing that plaintiff receive $1,817.29 in costs, (6) directing that plaintiff receive post-judgment interest in an amount to be calculated by the Clerk of Court pursuant to 28 U.S.C. § 1961, and (7) dismissing defendants "John Doe #1-5" and "Jane Doe #1-5." ORDER ATTACHED. Ordered by Judge Natasha C. Merle on 1/27/2025. (AG)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
THE SECRETARY OF THE U.S.
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT,
MEMORANDUM & ORDER
2:24-cv-00525 (NCM) (AYS)
Plaintiff,
– against –
NASSAU COUNTY PUBLIC
ADMINISTRATOR; NEW YORK STATE
DEPARTMENT OF TAXATION AND
FINANCE; COMMUNITY
DEVELOPMENT CORPORATION OF
LONG ISLAND, INC.; CLYDE HUNT;
EUGENE HUNT; BRIONE
JEANBAPTISTE; JOHN DOES #1-5; and
JANE DOES #1-5,
Defendants.
NATASHA C. MERLE, United States District Judge:
This Court has received both the Report and Recommendation and the
supplemental Report and Recommendation on the instant case dated December 10, 2024,
and January 6, 2025, respectively, from the Honorable Anne Y. Shields, United States
Magistrate Judge. ECF Nos. 28, 32. No objections have been filed.
The Court reviews “de novo any part of the magistrate judge’s disposition that has
been properly objected to.” Fed. R. Civ. P. 72(b); see also Brissett v. Manhattan & Bronx
Surface Transit Operating Auth., No. 09-cv-00874, 2011 WL 1930682, at *1 (E.D.N.Y.
May 19, 2011), aff’d, 472 F. App’x 73 (2d Cir. 2012) (summary order). Where no timely
objections have been filed, “the district court need only satisfy itself that there is no clear
error on the face of the record.” Finley v. Trans Union, Experian, Equifax, No. 17-cv1
0371, 2017 WL 4838764, at *1 (E.D.N.Y. Oct. 24, 2017) (quoting Estate of Ellington ex
rel. Ellington v. Harbrew Imports Ltd., 812 F. Supp. 2d 186, 189 (E.D.N.Y. 2011)).
Having reviewed the record, I find that plaintiff has satisfied the requirements for
a judgment of foreclosure pursuant to the New York Real Property Actions and
Proceedings Law. See N.Y. R.P.A.P.L. §§ 1304, 1311, 1331. Plaintiff has submitted
adequate evidence to support its claimed damages, and its claimed costs and
disbursements of $1,817.29 are reasonable. Having found no clear error, I therefore adopt
the Report and Recommendations, in their entirety, as the opinion of the Court pursuant
to 28 U.S.C. § 636(b)(1).
Accordingly, the Clerk shall enter judgment (1) ordering the foreclosure and sale
of 67 Harriman Ave, Hempstead, NY 11550, (2) appointing John Michael Probstein, Esq.
to conduct the sale, (3) directing that Mr. Probstein receive a fee of $750 from the
proceeds of the sale, (4) directing that the plaintiff receive $618,291.92 from the proceeds
of the sale, plus pre-judgment interest from April 8, 2024 through the entry of judgment,
(5) directing that plaintiff receive $1,817.29 in costs, (6) directing that plaintiff receive
post-judgment interest in an amount to be calculated by the Clerk of Court pursuant to
28 U.S.C. § 1961, and (7) dismissing defendants “John Doe #1-5” and “Jane Doe #1-5.”
SO ORDERED.
/s/ Natasha C. Merle
NATASHA C. MERLE
United States District Judge
Dated:
January 27, 2025
Brooklyn, New York
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