MACK, MARQUEZ v. HOWARD, TIMOTHY

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 68 CA 11-00779 PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND GORSKI, JJ. IN THE MATTER OF MARQUEZ MACK, PETITIONER-APPELLANT, V MEMORANDUM AND ORDER 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. LIPSITZ & PONTERIO, LLC, BUFFALO (JOHN NED LIPSITZ OF COUNSEL), FOR PETITIONER-APPELLANT. JEREMY A. COLBY,…