Order | Filed: March 11, 2022
| Entered: March 11, 2022
Mhany Management Inc. et al v. County Of Nassau et al
Civil Rights: Accommodations | New York Eastern
Order Adopting Report and Recommendations Order on Motion to Enforce Judgment Order on Report and Recommendations
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 650 Motion to Enforce Judgment, filed by MHANY Management, Inc., New York Communities For Change, Inc., 654 Report and Recommendations; adopting Report and Recommendations as to 650 Motion to Enforce Judgment.
Presently before the Court is the Report and Recommendation, dated February 22, 2022, DE 654, of Magistrate Judge Arlene R. Lindsay recommending the denial of Plaintiff's motion (1) to enforce the April 22, 2014 Final Judgment and Order ("Final Order"), DE 431, as amended at the June 17, 2016 conference before District Judge Spatt, (2) to compel Defendants to comply with the Final Order and (3) to direct that the duration of Defendants' obligations under certain sections of the Final Order be extended.
The time to file objections has expired, and no objections have been filed. See DE 656. Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72, this Court has carefully reviewed the Report and Recommendation and finds Judge Lindsay's Report and Recommendation to be exceedingly thorough, well-reasoned and free from clear error. 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b); see Thomas v. Arn, 474 U.S. 140, 150 (1985) ("It does not appear that Congress intended to require district court to review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings."); Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision."); Piroleau v. Caserta, No. 10-CV-5670 (SJF), 2012 WL 5389931, at *1 (E.D.N.Y. Oct. 29, 2012) ("To accept the report and recommendation of a magistrate judge on a dispositive matter as to which no timely objection has been made, the district judge need only be satisfied that there is no clear error on the face of the record."); see also Killoran v. Westhampton Beach School Dist., No. 18-CV-3389 (DRH), 2020 WL 1433647 (E.D.N.Y. Mar. 11, 2020) (reviewing dispositive Report and Recommendation for clear error where no objections made). Nevertheless, although de novo review is not required, the Court has conducted a de novo review of the Report and Recommendation, and having reviewed the motion papers, the applicable law, and having conducted a careful review of the Report and Recommendation de novo, the Court has determined that Judge Lindsay has thoughtfully and correctly applied the law.
Accordingly, the Court adopts the Report and Recommendation, dated February 22, 2022, DE 654, of Magistrate Judge Arlene R. Lindsay in its entirety.
Ordered by Judge Gary R. Brown on 3/11/2022. c/ecf (Tahbaz, Joseph)