UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------------X For Online Publication Only 101 FROST STREET ASSOCIATES, L.P.; NEXT MILLENNIUM REALTY, LLC,

Plaintiffs, ORDER -against- 17-CV-3585 (JMA)(ARL)

UNITED STATES DEPARTMENT OF FILED ENERGY; et al., CLERK 1:33 pm, Oct 04, 2022 Defendants. U.S. DISTRICT COURT --------------------------------------------------------------X EASTERN DISTRICT OF NEW YORK AZRACK, United States District Judge: LONG ISLAND OFFICE

Currently pending is a motion to dismiss filed by the United States Department of Energy (“DOE”), and Third-Party Defendant, the United States of America (“United States”) (collectively, the “Federal Defendants”). On July 27, 2022, Judge Lindsay issued an R&R recommending that the Court deny Federal Defendants’ motion to dismiss certain cross-claims by Defendant and Third-Party Plaintiffs GTE Operations Support Incorporated (“GTEOSI”), GTE Sylvania Incorporated and Sylvania Electric Products (collectively “GTE/Sylvania”). (ECF No. 132.) Federal Defendants filed timely objections to the R&R, (ECF No. 136), and GTE/Sylvania timely responded to the objections, (ECF No. 137). After conducting a review of the full record (including the motion papers, R&R, and objections), and applicable law, the Court adopts Magistrate Judge Lindsay’s R&R in its entirety as the opinion of the Court. In reviewing a magistrate judge’s report and recommendation on a dispositive motion, a court must “make a de novo determination of those portions of the report or . . . recommendations to which objection[s] [are] made.”

(b)(1)(C); see also Brown v. Ebert, No. 5-CV-5579, 2006 WL --------------- 3851152, at *2 (S.D.N.Y. Dec. 29, 2006). Even for dispositive motions, the portions of a report and recommendation to which there is no specific reasoned objection are reviewed for clear error. See Pall 1 Corp. v. Entegris, Inc.,

(E.D.N.Y. 2008). The Court has undertaken a de novo review of the record, the R&R, the objections, and the response, and agrees with Judge Lindsay’s R&R. The R&R is adopted in its entirety as the opinion of this Court. Federal Defendants’ motion to dismiss is DENIED.

SO ORDERED. Dated: October 4, 2022 Central Islip, New York

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

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