Eastern Savings Bank, FSB v. Linford W. Johnson, Individually and as Administrator of the Estate of Mulvina Eccleston; New York City Environmental Control Board, Michael Johnson, William Robinson, Arlene Williamson, Kalich Williamson, and Agatha Johnson

Summary

The United States District Court for the Eastern District of New York adopts a magistrate judge’s Report and Recommendation and grants the plaintiff’s motion for a writ of assistance. The order authorizes the United States Marshals Service or New York City Sheriff’s Office to deliver vacant possession of a foreclosed Brooklyn property to the plaintiff or its agents. The court relies on the All Writs Act, Federal Rule of Civil Procedure 70, and New York Real Property Actions and Proceedings Law § 221.

Holdings

1. The district court may accept an unobjected-to Report and Recommendation after satisfying itself that no clear error appears on the face of the record, and the court found no such error here.
2. The court was authorized to issue a writ of assistance directing the United States Marshals Service or New York City Sheriff's Office to enter the property, remove the occupants, and deliver vacant possession to the foreclosure purchaser or its agents.

Questions Presented

1. Whether the district court should adopt an unobjected-to Report and Recommendation recommending issuance of a writ of assistance.
2. Whether the All Writs Act, Federal Rule of Civil Procedure 70, and New York Real Property Actions and Proceedings Law § 221 authorized issuance of a writ of assistance to place the foreclosure-sale purchaser in possession of the property.

Disposition

writ_granted