EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------------------X For Online Publication Only ALLSTATE INSURANCE COMPANY,

Plaintiff, ORDER 19-CV-01853 (JMA) (ST) -against- FILED MAHADEO SINGH, SHOBA SINGH a/k/a CLERK

PADMOUTIE SINGH, individually and as 8/31/2022 3:15 pm

administrator of the estate of Sheldon U.S. DISTRICT COURT Singh, and ADAM ABBAS, EASTERN DISTRICT OF NEW YORK LONG ISLAND OFFICE Defendants. ----------------------------------------------------------------------X AZRACK, United States District Judge: On April 1, 2019, Plaintiff Allstate Insurance Company commenced this action against Defendants Mahadeo Singh; Shobha Singh a/k/a Padmoutie Singh, individually and as administrator of the estate of Sheldon Singh; and Adam Abbas. (ECF No. 1.) Plaintiff seeks a declaratory judgment that it has no duty to defend or indemnify Sheldon Singh in an underlying personal injury action pursuant to an insurance policy issued by Plaintiff. On February 2, 2022, Plaintiff filed a motion for summary judgment, which the Court referred to Magistrate Judge Steven Tiscione for a report and recommendation (“R&R”). (ECF No. 28; Electronic Order dated April 29, 2022.) In a R&R issued on August 12, 2022, Magistrate Judge Tiscione recommends granting Plaintiff’s motion. (ECF No. 32.) No objections have been filed and the time for doing so has since passed. For the reasons stated below, the R&R is adopted in its entirety. “Where parties receive clear notice of the consequences, failure to timely object to a magistrate’s report and recommendation operates as a waiver of further judicial review of the magistrate’s decision.” Smith v. Campbell,

(2d Cir. 2015) (quoting Mario v. P & C Food Mkts., Inc.,

(2d Cir. 2002)); see also Phillips v. Long Island R.R. Co., ex rel. Ellington v. Harbrew Imports Ltd.,

(E.D.N.Y. 2011) (internal

citations omitted). The Court has reviewed the record and the unopposed R&R for clear error and, finding none, hereby adopts Magistrate Judge Tiscione’s R&R in its entirety as the opinion of the Court. Accordingly, Plaintiff’s motion for summary judgment is GRANTED. The Clerk of Court is respectfully directed to enter a declaratory judgment providing that Plaintiff has no duty to defend or indemnify Sheldon Singh in an underlying action filed in New York Supreme Court, Suffolk County (Index No. 606163/2017). The Clerk of Court shall thereafter close this case.

SO ORDERED. Dated: August 31, 2022 Central Islip, New York

/s/ (JMA) JOAN M. AZRACK UNITED STATES DISTRICT JUDGE