UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

MONICA M. CAPLAN,

Plaintiff, 6:20-cv-0994 (BKS/TWD)

v.

CITY OF ROME, et al.,

Defendants.

Appearances: For Plaintiff: Jay G. Williams, III Felt, Evans Law Firm 4-6 North Park Row Clinton, NY 13323 Hon. Brenda K. Sannes, United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiff Monica Caplan commenced this action under

on August 27, 2020. (Dkt. No. 1). On September 9, 2020, Plaintiff’s counsel informed the Court that Plaintiff had recently passed away. (Dkt. No. 4). This matter was assigned to United States Magistrate Judge Thérèse Wiley Dancks who, on September 10, 2020, issued a Text Order stating that, in light of the suggestion of death, a motion for substitution of parties must be made within 90 days pursuant to Fed. R. Civ. P. 25(a)(1). (Dkt. No. 5). No motion was made within 90 days. On December 30, 2020, Magistrate Judge Dancks issued a Text Order sua sponte extending to January 8, 2021, the time to file a motion to substitute a fiduciary for the estate. (Dkt. No. 8). No motion was filed. On January 12, 2021, Magistrate Judge Dancks issued a Report- Recommendation recommending that this case be dismissed. (Dkt. No. 9). Magistrate Judge Dancks advised the Plaintiff that under

(b)(1), she had fourteen days within which to file written objections to the report, and that the failure to object to the report within fourteen days would preclude appellate review. (Dkt. No. 9, at 2-3). No objections have been filed. As no objections to the Report-Recommendation have been filed, and the time for filing objections has expired, the Court reviews the Report- Recommendation for clear error. See Petersen v. Astrue,

(N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment. Having reviewed the Report-Recommendation for clear error and found none, the Court adopts the Report- Recommendation in its entirety. For these reasons, it is ORDERED that the Report-Recommendation (Dkt. No. 9) is ADOPTED in its entirety; and it is further ORDERED that this action is DISMISSED; and it is further ORDERED that the Clerk serve a copy of this Order upon the plaintiff in accordance with the Local Rules. IT IS SO ORDERED.

Dated: February 3, 2021 Syracuse, New York

BrendaK.Sannes U.S. District Judge