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United States v. Piccirillo

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


November 12, 2008

UNITED STATES OF AMERICA , PLAINTIFF,
v.
THOMAS PICCIRILLO, MARIANNE PICIRILLO, ABN AMRO MORTGAGE GROUP, INC., NEW YORK STATE DEPT. OF TAXATION, AND FINANCE, NEW YORK STATE DEPT. OF LABOR, COUNTY OF CAYUGA, ROGER TUMBER, MARTHA TUMBER, JOE DOE, JANE DOE, DEFENDANTS,

The opinion of the court was delivered by: Neal P. McCURN, Sr. J.

ORDER ADOPTING REPORT AND RECOMMENDATION

Presently before this Court is the Report and Recommendation of the Hon. David E. Peebles, USMJ, dated October 10, 2008 (Dkt. No. 61), recommending that defendant Thomas Piccirillo's answer to plaintiff's complaint in this action (Dkt. No. 22) be stricken, that he be declared in default in this action and that plaintiff be given permission to file a motion seeking the entry of an appropriate default judgment as against that defendant.

Pursuant to 28 U.S.C. § 636(b)(1), petitioner had ten days to file objections to the instant Report and Recommendation, which was filed and served upon all parties on October 10, 2008. The court allowed seventeen days from the filing of the Report and Recommendation, to October 17, 2008, for the defendant Thomas Piccirillo to file objections. Although the time to object has expired, no objections have been received by this court.

Therefore, absent objection, the court adopts in its entirety the Report and Recommendation of the Hon. David E. Peebles, USMJ, dated October 10, 2008 (Dkt. No. 61). The court orders that the answer of defendant Thomas Piccirillo to plaintiff's complaint in this action (Dkt. No. 22) is stricken as it relates to that defendant. Defendant Thomas Piccirillo is declared in default in this action and plaintiff is hereby given permission to file a motion seeking the entry of an appropriate default judgment as against said defendant.

IT IS SO ORDERED

20081112

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