Karia v Poughkeepsie Town Police Department
Motion No: 2021-02598
Slip Opinion No: 2022 NY Slip Op 64297(U)
Decided on April 11, 2022
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

M282356

MB/

BETSY BARROS, J.P.

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER

LARA J. GENOVESI, JJ.

2021-02598

Rekha S. Karia, et al., appellants,

v Poughkeepsie Town Police Department,

et al., respondents.

(Index No. 53231/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated March 3, 2021. Motion by the appellants pro se for leave to prosecute the appeal as poor persons and for the assignment of counsel, to accept a copy of the order to constitute the record on appeal, or in the alternative, in effect, to waive certification of the record pursuant to 22 NYCRR 1250.7(g).

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

ORDERED that the branch of the motion which is for leave to prosecute the appeal as poor persons and for the assignment of counsel is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to waive certification of the record pursuant to 22 NYCRR 1250.7(g) is denied, without prejudice to renew upon proper papers, on or before May 11, 2022, and upon a showing of good cause for the waiver of certification, which shall include setting forth an inability to certify by any of the methods set forth in 22 NYCRR 1250.7(g); and it is further,

ORDERED that on the Court's own motion, the appellants' time to perfect the appeal is extended, and on or before May 11, 2022, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

BARROS, J.P., CONNOLLY, CHRISTOPHER and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court