PRESENT: SCUDDER, P. J., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, 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 directing the Clerk of this Court to accept for filing under seal the confidential volume of the record on appeal, a DVD of the videotaped recording to be handed up to the Court, an un-redacted version of appellant's brief, an un-redacted version of respondents' brief, and an un-redacted version of appellant's reply brief, and

Appellant having also moved for an order directing the Clerk of this Court to accept for filing the non-confidential volume of the record on appeal, a redacted version of appellant's brief, a redacted version of respondents' brief, and a redacted version of appellant's reply brief on 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 John Ned Lipsitz, Esq. sworn to July 15, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted.

Entered: August 18, 2011

Patricia L. Morgan, Clerk