unless for good cause shown, be deemed by the court as consent to the granting or denial of the motion, as the case may be." Rules of U.S. Dist. Ct. for Northern Dist. of N.Y., L.R. 7.1(b)(3).
NOW, upon careful consideration of the notice of motion, affidavit of Karen A. Butler, Esq., sworn to on November 21, 1996, with exhibits attached, and the memorandum of law in support of defendants' motion thereof; and there being no opposition to the motion, it is
RECOMMENDED that the motion be granted and the complaint be dismissed in its entirety as against all defendants.
Pursuant to 28 U.S.C. § 636(b)(I), the parties have ten days within which to file written objections to the foregoing report. Frank v. Johnson, 968 F.2d 298, 300 (2d Cir.), cert. denied, 506 U.S. 1038, 121 L. Ed. 2d 696, 113 S. Ct. 825 (1992). Such objections shall be filed with the Clerk of the Court with a copy to be mailed to the chambers of the undersigned at 10 Broad Street, Utica, New York 13501. FAILURE TO OBJECT TO THIS REPORT WITHIN TEN DAYS WILL PRECLUDE APPELLATE REVIEW. 28 U.S.C. § 636(b)(I); Fed. R. Civ. P. 72, 6(a), 6(e); Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993); Small v. Secretary of HHS, 892 F.2d 15, 16 (2d Cir. 1989); and it is
ORDERED, that the Clerk of the Court serve a copy of this Report-Recommendation, by regular mail, upon the parties to this action.
David N. Hurd
United States Magistrate Judge
Dated: August 28, 1997
Utica, New York.
© 1992-2004 VersusLaw Inc.