Case 1:13-cv WMS Document 109 Filed 08/05/13 Page 1 of 4

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1 Case 1:13-cv WMS Document 109 Filed 08/05/13 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK Buffalo Division NEW YORK STATE RIFLE AND PISTOL ASSOCIATION, INC., et al., Plaintiffs, Case No.: 1:13-cv WMS v. NOTICE OF UNOPPOSED MOTION ANDREW M. CUOMO, et al., Defendants. Motion by: Relief Demanded: Grounds For Request: Supporting Papers: Return Date of Motion: All Plaintiffs Exceed the page limitation for Plaintiffs Memorandum of Law in Further Support of a Preliminary Injunction Need for additional pages to reply to Defendants arguments Affirmation of Matthew S. Lerner, Esq. Absent an Order by the Court, and pursuant to W.D.N.Y. L.R.Civ.P.7(b, opposing papers (if any shall be filed within 14 days of the filing of this motion. Reply papers (if any are to be filed within seven days of after service of opposing papers. NOTE: to the extent required, the movants herein intend to file and serve reply papers. Date, Time, and Place U.S. District Court for the Western District of New York of Hearing On Motion: 2 Niagara Square, Buffalo, NY Courtroom of the Hon. William M. Skretny Date and time of hearing (if any to be determined by the Court (continued on next page (

2 Case 1:13-cv WMS Document 109 Filed 08/05/13 Page 2 of 4 Dated: August 5, 2013 Respectfully Submitted, By: /s/ Matthew S. Lerner Matthew S. Lerner, Esq. 8 Corporate Woods Blvd., Suite 300 ( mlerner@goldbergsegalla.com Counsel For Plaintiffs (

3 Case 1:13-cv WMS Document 109 Filed 08/05/13 Page 3 of 4 CERTIFICATION I hereby certify that on August 5, 2013, a copy of the foregoing MOTION FOR PERMISSION was filed electronically and served by mail upon anyone unable to accept electronic filing. Notice of this filing was will be sent by to the parties described in the attached service list by operation of the Court s electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court s CM/ECF System. By: /s/ Matthew S. Lerner Matthew S. Lerner, Esq. (

4 Case 1:13-cv WMS Document 109 Filed 08/05/13 Page 4 of 4 SERVICE LIST DEFENDANT ANDREW M. CUOMO Governor of the State of New York NYS State Capitol Building Albany, NY DEFENSE COUNSEL OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF NEW YORK William Taylor, Esq. Monica Connell, Esq. Asst. Attorneys General of Counsel 120 Broadway, 24th Floor New York, New York william.taylor@ag.ny.gov monica.connell@ag.ny.gov Benjamin J. Ahlstrom, Esq. Asst. Attorney General of Counsel Main Place Tower 350 Main Street, Suite 300A Buffalo, NY benjamin.ahlstrom@ag.ny.gov ERIC T. SCHNEIDERMAN Attorney General of the State of New York NYS State Capitol Building Albany, NY JOSEPH A. D AMICO Superintendent of the NYS Police New York State Police 1220 Washington Avenue Building 22 Albany, NY GERALD J. GILL Chief of Police, Lancaster Police Dep t. Lancaster Police Department 525 Pavement Road Lancaster, NY Same as above Same as above HODGSON RUSS LLP Kevin M. Kearny, Esq. 140 Pearl Street, Suite 100 Buffalo, NY kkearny@hodgsonruss.com (

5 Case 1:13-cv WMS Document Filed 08/05/13 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK Buffalo Division NEW YORK STATE RIFLE AND PISTOL ASSOCIATION, INC., et al., Plaintiffs, Case No.: 1:13-cv WMS v. AFFIDAVIT ANDREW M. CUOMO, et al., Defendants. STATE OF NEW YORK COUNTY OF ALBANY SS: CITY OF ALBANY 1. I am an attorney at law duly licensed to practice in the State of New York and am a partner with the law firm Goldberg Segalla, LLP, counsel to plaintiffs New York State Rifle and Pistol Association, Inc.; Westchester County Firearms Owners Association, Inc.; Sportsmen s Association for Firearms Education, Inc.; New York State Amateur Trapshooting Association; Bedell Custom; Beikirch Ammunition Corporation; Blueline Tactical & Police Supply, LLC; Batavia Marine & Sporting Supply; William Nojay; Thomas Galvin; and Roger Horvath, in the above-captioned action. As such, I am familiar with the facts and circumstances involved in this litigation. 2. I submit this affidavit in support of Plaintiff s Unopposed Motion to Exceed the Page Limitation for a Memorandum of Law in Further Support of a Preliminary Injunction. 3. Plaintiffs served and filed their Motion For A Preliminary Injunction (Doc. #23 on April 15,

6 Case 1:13-cv WMS Document Filed 08/05/13 Page 2 of 2 4. In opposition, Defendants served and filed Opposition To Plaintiffs Motion For A Preliminary Injunction and a Cross-Motion To Dismiss And/Or For Summary Judgment (Doc. # The Defendants Memorandum of Law is 79 pages. 6. It contains six sections in the Memorandum of Law s Argument section. Some of those sections include several subsections. 7. Additionally, Defendants served and filed 70 exhibits with its opposition papers and cross-motion. Some of those exhibits include lengthy studies, excerpts from books, and legislative materials. 8. Respectfully, a 10-page limit is insufficient to reply to Defendants numerous arguments, their reliance on several, lengthy declarations, and the accompanying 70 exhibits. 9. Plaintiffs respectfully request that this Court allow Plaintiffs to submit an eighty (80 page Memorandum of Law in Further Support of Their Request for a Preliminary Injunction. 10. The undersigned has conferred with Assistant Attorney General Monica Connell (counsel for co-defendants Gov. Andrew Cuomo, Attorney General Eric Schneiderman, and Superintendent Joseph D Amico, and Kevin Kearney, Esq. (counsel for co-defendant Gerald Gill about this request. A.A.G. Connell and Mr. Kearney consent to this motion being granted. Dated: August 5, 2013 /s/ Matthew S. Lerner Matthew S. Lerner, Esq. 2