Appellate Division: Second Judicial Department

M38177

T/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-09867 Satwant Singh Garcha, appellant, v City of Beacon, et al., respondents. (Index No. 1621/05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Dutchess County, dated September 29, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal, and separate motion by the respondents to strike the appendix and the appellant's brief on the ground that the appendix is inadequate, or in the alternative, to enlarge their time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the respondents' motion which is to strike the appendix and the appellant's brief is granted, the appendix and the appellant's brief are stricken, and on or before May 15, 2006, the appellant is directed to serve and file (1) a replacement appendix which complies with the rules of this court (see 22 NYCRR 670.10.2[c][1]), and which does not include the appellant's affidavit dated January 20, 2006, and (2) a replacement brief which contains references to pages in the appendix on appeal (see 22 NYCRR 670.10.3(g)(2)(iv); and it is further,

ORDERED that the branch of the respondents' motion which is to enlarge the respondents' time to serve and file a brief is granted, and the respondents' brief shall be served and filed on or before June 19, 2006; and it is further,

ORDERED that the appellant's motion is denied with leave to renew after the replacement appendix is filed.

KRAUSMAN, J.P., GOLDSTEIN, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court