| IN THE MATTER OF MARQUEZ MACK V TIMOTHY HOWARD, IN HIS OFFICIAL CAPACITY AS SHERIFF OF ERIE COUNTY, MARK N. WIPPERMAN |
| Motion No: CA 11-00779 |
| Slip Opinion No: 2012 NY Slip Op 74189(U) |
| Decided on May 22, 2012 |
| 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: SMITH, J.P., PERADOTTO, LINDLEY, AND SCONIERS, JJ.
DOCKET NO. CA 11-00779
| IN THE MATTER OF 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 the parties to disclose publicly the confidential volume of the record and the un-redacted versions of the briefs on the appeal taken herein from a judgment (denominated 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 affidavits of John Ned Lipsitz, Esq., sworn to March 2, 2012, and March 30, 2012, the notice of motion with proof of service thereof, and the affirmation of Jeremy C. Toth, Esq., received March 16, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice.
Memorandum: Appellant's motion fails to set forth facts sufficient to warrant any relief from this Court. Appellant, however, is not precluded from seeking public disclosure by other legal means of documents contained in the confidential volume of the record.
Entered: May 22, 2012
Frances E. Cafarell, Clerk