District Judge Michael A. Telesca


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Invoking 42 USC §1983, the New York State Constitution, and the common law, pro se plaintiff’s June 5, 2017, lawsuit sought to assert claims including unlawful arrest, unlawful search and seizure, and malicious prosecution. Following the action’s federal removal by defendant county pursuant to 28 USC §1441, plaintiff sought the action’s remand to state supreme court in Monroe County on grounds that it failed to comply with 28 USC §1446′s procedural requirements for removing suit from state court, and that district court lacked jurisdiction. District court concluded that defendants’ noncompliance with §1446′s procedural requirements did not require remand of Rech’s lawsuit to state court. Defendants’ June 27, 2017, Notice of Removal was filed well within the 30-day statutory deadline. Further, despite their conceded failure to attach a copy of their Notice of Removal, file a copy with the state court as required by 1446(d), defendants’ June 27, 2017, filing of their Notice of Filing of Notice of Removal (Notice of Filing) in Monroe County Supreme Court placed that court on constructive notice that suit had been removed to federal court. Thus the essential purpose of §1446(d) was fulfilled and remand was not required.