| 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 88068(U) |
| Decided on October 24, 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 permitting appellant to file a corrected brief in 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 affirmation of John Ned Lipsitz, Esq., dated September 12, 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 on condition that the brief is filed and served on or before November 7, 2011, and the Clerk is directed to accept the brief for filing.
Entered: October 24, 2011
Patricia L. Morgan, Clerk