| MARQUEZ MACK V TIMOTHY HOWARD, IN HIS OFFICIAL CAPACITY AS SHERIFF OF ERIE COUNTY, MARK N. WIPPERMAN, IN HIS OFFICIAL |
| Motion No: CA 11-00779 |
| Slip Opinion No: 2011 NY Slip Op 74374(U) |
| Decided on May 27, 2011 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-00779
| MARQUEZ MACK, PETITIONER-APPELLANT, V TIMOTHY HOWARD, IN HIS
OFFICIAL CAPACITY AS SHERIFF OF ERIE COUNTY, MARK N. WIPPERMAN, IN HIS OFFICIAL CAPACITY AS UNDERSHERIFF OF ERIE COUNTY, AND
CHERYL GREEN, ESQ., IN HER OFFICIAL CAPACITY AS ERIE COUNTY ATTORNEY, RESPONDENTS-RESPONDENTS. |
Appellant having moved for an order compelling respondents to provide appellant's attorneys with another opportunity to review the videotaped recording that is subject of the appeal taken herein from the order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 3, 2011,
Now, upon reading and filing the affidavit of Nan L. Haynes, Esq. sworn to April 4, 2011, the notice of motion with proof of service thereof, and the affidavit of David J. Sleight, Esq. sworn to April 15, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and Supreme Court shall set up another in camera viewing of the videotaped recording by both parties to this action pursuant to the terms of the confidentiality agreement already in place.
Entered: May 27, 2011
Patricia L. Morgan, Clerk