Davies et al v. Ulster County Department of Social Services

Filing 28

MEMORANDUM-DECISION AND ORDER adopting 16 Report-Recommendation and Order of Magistrate Homer dated June 24, 2009; and it is further ORDERED, that the action be remanded to the Ulster County Family Court; and it is further ORDERED, that the Clerk close this case; and it is further ORDERED, that the Clerk provide copies of this Memorandum-Decision and Order to the parties. Signed by Judge Gary L. Sharpe on 11/24/09. (Attachments: # 1 Report-Recommendation) (sg )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________ DEBORAH L. DAVIES and KAREN GAHTHAM, Plaintiffs, v. ULSTER COUNTY DEPARTMENT OF SOCIAL SERVICES, Defendant. _________________________________ APPEARANCES: FOR THE PLAINTIFFS: Deborah L. Davies Pro Se 260 Clinton Avenue Kingston, NY 12401 Karen Gahtham Pro Se 260 Clinton Avenue Kingston, NY 12401 FOR DEFENDANTS: Maynard, O'Connor Law Firm Route 9W P.O. Box 180 Saugerties, NY 12477 Gary L. Sharpe District Court Judge MICHAEL E. CATALINOTTO, JR., ESQ. OF COUNSEL:

No. 1:09-cv-559 (GLS/DRH)

MEMORANDUM-DECISION AND ORDER I. Introduction The above-captioned matter comes to this court following a ReportRecommendation and Order (R&R) by Magistrate Judge David R. Homer, filed June 24, 2009. (Dkt. No. 16.) The R&R1 recommended that the action be remanded to Ulster County Family Court and terminated in this court. Pending are Davies and Gahtham's objections to the R&R. (Dkt. No. 19.) For the reasons that follow, the R&R is adopted in its entirety. II. Background Familiarity with the facts underlying Judge Homer's R&R are presumed and will not be repeated here. For a recitation of those facts, the parties are referred to the R&R. (Dkt. No. 16.) III. Discussion Before entering final judgment, this court routinely reviews all reportrecommendations in cases it has referred to a magistrate judge. If a party has objected to specific elements of the magistrate judge's findings and recommendations, this court reviews those findings and recommendations

The Clerk is directed to append the R&R to this decision, and familiarity therewith is presumed.

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de novo. See Almonte v. N.Y. State Div. of Parole, No. 04-cv-484, 2006 WL 149049, at *6-7 (N.D.N.Y. Jan. 18, 2006). In cases where no party has filed an objection, or only a vague or general objection has been filed, this court reviews the magistrate judge's findings and recommendations for clear error. See id. Because Davies and Gahtham object only generally to the R&R, the court will review the R&R for clear error. Upon review for clear error, the court finds no error and, for the reasons articulated in the R&R and defendant's response, (see Dkt. No. 21.), the R&R is adopted in its entirety.

WHEREFORE, for the foregoing reasons, it is hereby ORDERED that Magistrate Judge Homer's June 24, 2009 ReportRecommendation and Order is adopted in its entirety; and it is further ORDERED that the action be remanded to the Ulster County Family Court; and it is further ORDERED that the Clerk close this case; and it is further ORDERED that the Clerk provide copies of this MemorandumDecision and Order to the parties. IT IS SO ORDERED.
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Albany, New York November 24, 2009

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