Case 1:13-cv WMS Document 25 Filed 04/16/13 Page 1 of 4

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1 Case 1:13-cv WMS Document 25 Filed 04/16/13 Page 1 of 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK 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, INC.; BEDELL CUSTOM; BEIKIRCH AMMUNITION CORPORATION; BLUELINE TACTICAL & POLICE SUPPLY, LLC; BATAVIA MARINE & SPORTING SUPPLY; WILLIAM NOJAY, THOMAS GALVIN, and ROGER HORVATH Plaintiffs, 13-cv WMS -vs- ANDREW M. CUOMO, Governor of the State of New York; ERIC T. SCHNEIDERMAN, Attorney General of the State of New York; JOSEPH A. D'AMICO, Superintendent of the New York State Police; LAWRENCE FRIEDMAN, District Attorney for Genesee County; and GERALD J. GILL, Chief of Police for the Town of Lancaster, New York, Defendants. NOTICE OF CROSS-MOTION FOR EXCESS PAGES, A 60-DAY BRIEFING SCHEDULE OR A STATUS CONFERENCE, A STAY OF DEFENDANTS' DEADLINE TO ANSWER THE AMENDED COMPLAINT, AND FOR EXPEDITED HEARING MOTION BY: RELIEF SOUGHT: Defendants Cuomo, D'Amico, and Schneiderman. An Order: (a) granting Defendants Cuomo, D'Amico, and Schneiderman leave to file a memorandum of law in opposition to

2 Case 1:13-cv WMS Document 25 Filed 04/16/13 Page 2 of 4 Plaintiffs' motion for a preliminary injunction or in support of a cross-motion which exceeds the page limit in Local Rule 7(a)(2)(C) by 15 pages; (b) granting Defendants' 60 days to respond to Plaintiffs' motion for preliminary injunction or scheduling a Status Conference to discuss a briefing schedule for Plaintiffs' motion for a preliminary injunction and any cross-motion; (c) staying the deadline for all defendants to answer the Amended Complaint pending determination of Plaintiffs' motion for a preliminary injunction and any crossmotion; and (d) expediting hearing of motions (a), (b), and (c) above under Local Rule 7.1(d). WHEN RETURNABLE: WHERE RETURNABLE: SUPPORTING PAPERS: As directed by the Court or Local Rule 7(b). Honorable William M. Skretny, Chief Judge United States Courthouse 2 Niagara Square Buffalo, New York Declaration of Benjamin K. Ahlstrom, dated April 16, 2013 DATED: Buffalo, New York April 16, 2013 ERIC T. SCHNEIDERMAN Attorney General of the State of New York Attorney for the State Defendants s/ Benjamin K. Ahlstrom BY: BENJAMIN K. AHLSTROM Assistant Attorney General of Counsel Main Place Tower 350 Main Street, Suite 300A Buffalo, NY Telephone: (716)

3 Case 1:13-cv WMS Document 25 Filed 04/16/13 Page 3 of 4 Facsimile: (716) benjamin.ahlstrom@ag.ny.gov WILLIAM J. TAYLOR, JR. Assistant Attorney General of Counsel 120 Broadway, 24th Floor New York, New York Telephone: (212) Facsimile: (212) william.taylor@ag.ny.gov 3

4 Case 1:13-cv WMS Document 25 Filed 04/16/13 Page 4 of 4 CERTIFICATE OF SERVICE I hereby certify that on April 16, 2013, I electronically filed the foregoing Notice of Motion and Declaration of Benjamin K. Ahlstrom with the Clerk of the District Court using its CM/ECF system and thereby provided service on the following CM/ECF participants: Brian T. Stapleton, Esq. GOLDBERG SEGALLA LLP 11 Martine Avenue, Suite 750 White Plains, New York Stephen P. Halbrook, Esq Chain Bridge Road, Suite 403 Fairfax, Virginia DATED: Buffalo, New York April 16, 2013 s/ Benjamin K. Ahlstrom BENJAMIN K. AHLSTROM Assistant Attorney General, of Counsel Main Place Tower, Suite 300A 350 Main Street Buffalo, NY (716) benjamin.ahlstrom@ag.ny.gov 4

5 Case 1:13-cv WMS Document 25-1 Filed 04/16/13 Page 1 of 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK 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, INC.; BEDELL CUSTOM; BEIKIRCH AMMUNITION CORPORATION; BLUELINE TACTICAL & POLICE SUPPLY, LLC; BATAVIA MARINE & SPORTING SUPPLY; WILLIAM NOJAY, THOMAS GALVIN, and ROGER HORVATH Plaintiffs, 13-cv WMS -vs- ANDREW M. CUOMO, Governor of the State of New York; ERIC T. SCHNEIDERMAN, Attorney General of the State of New York; JOSEPH A. D'AMICO, Superintendent of the New York State Police; LAWRENCE FRIEDMAN, District Attorney for Genesee County; and GERALD J. GILL, Chief of Police for the Town of Lancaster, New York, Defendants. ORDER Upon consideration of the motion for an expedited hearing of the motion by Defendants Cuomo, D'Amico, and Schneiderman for an Order: (a) granting Defendants Cuomo, D'Amico, and Schneiderman leave to file a memorandum of law in opposition to Plaintiffs' motion for a preliminary injunction or in support of a cross-motion which exceeds the page limit in Local Rule 7(a)(2)(C) by 15 pages; (b) granting Defendants 60 days to respond to Plaintiffs' motion for preliminary injunction or scheduling a Status

6 Case 1:13-cv WMS Document 25-1 Filed 04/16/13 Page 2 of 2 Conference to discuss a briefing schedule for Plaintiffs' motion for a preliminary injunction and any cross-motion; and (c) staying the deadline for all defendants to answer the Amended Complaint pending determination of Plaintiffs' motion for a preliminary injunction and any cross-motion; it is hereby ORDERED that upon good cause shown, the motion for expedited hearing is GRANTED; and it is further ORDERED that Defendants' motion for excess pages, 60 days to respond to the preliminary injunction motion or a status conference, and staying the deadline for all defendants to answer the Amended Complaint is deemed served by Defendants' CM/ECF filing of same on April 16, 2013; and it is further ORDERED that responding papers shall be served by CM/ECF and submitted to Chambers by hand-delivery no later than ; and it is further ORDERED that the hearing of these motions shall be held on. SO ORDERED: Dated: Buffalo, New York April, 2013 Hon. William M. Skretny Chief Judge 2