IN THE MATTER OF MARQUEZ MACK V TIMOTHY HOWARD, SHERIFF, ERIE COUNTY, MARK N. WIPPERMAN, UNDERSHERIFF, ERIE COUNTY, AND
Motion No: CA 11-00779
Slip Opinion No: 2011 NY Slip Op 93925(U)
Decided on December 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.


December 27, 2011

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND GORSKI, JJ.

DOCKET NO. CA 11-00779

IN THE MATTER OF MARQUEZ MACK, PETITIONER-APPELLANT,

V

TIMOTHY HOWARD, SHERIFF, ERIE COUNTY, MARK N. WIPPERMAN,

UNDERSHERIFF, ERIE COUNTY, AND CHERYL GREEN, ESQ., ERIE

COUNTY ATTORNEY, RESPONDENTS-RESPONDENTS.


New York Civil Liberties Union Foundation having moved for permission to file and serve a brief amicus curiae on the appeal taken herein from an order and judgment of 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 Corey Stoughton, Esq., dated December 9, 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 the condition that the brief is filed and served in accordance with this Court's rules on or before January 3, 2012, and the Clerk is directed to accept the brief for filing.

Entered: December 27, 2011

Frances E. Cafarell, Clerk