Matter of Garcha v City Court (City of Beacon, Police Officer
Motion No: 2005-08147
Slip Opinion No: 2006 NYSlipOp 67499(U)
Decided on April 26, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M38382

Y/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-08147

In the Matter of Satwant Singh Garcha, appellant,

v City Court (City of Beacon, Police Officer

Sassi II), respondent.

(Index No. 2299/05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Dutchess County, dated July 18, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that on the court's own motion, the appendix and the appellant's brief are stricken, and on or before June 1, 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 March 31, 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 motion is denied with leave to renew after the replacement appendix and replacement brief are served and filed.

MILLER, J.P., RITTER, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court