required by Supreme Court Rule 33.1(h), As I certify that the document contains 2,591 words, excluding the parts of the document that are exempted by Supreme Court Rule 33.1(d).

I declare under penalty of perjury that the foregoing is true and correct.

Executed on this 11th day of October, 2022.

Sworn to and subscribed before me this 11th day of October, 2022.

Mariana Braylovskiy Notary Public State of New York No. 01BR6004935 Qualified in Richmond County Commission Expires March 30, 2026

I, Marianna Buffolino, being duly sworn according to law and being over the age of 18, upon my oath depose and say that: I am retained by Counsel of Record for Respondents Kristen Steele, Diana D’Anna, and Adeeb Yacoub.

That on the 11th day of October, 2022, I served the within Brief for State Respondents Kristen Steele, Diana D’Anna, and Adeeb Yacoub in Opposition in the above-captioned matter upon:

by depositing three copies of same, addressed to each individual respectively, and enclosed in a post-paid, properly addressed wrapper, in an official depository maintained by the United States Postal Service, via Express Mail.

That on the same date as above, I sent to this Court forty bound copies and one unbound copy of the within Brief for State Respondents Kristen Steele, Diana D’Anna, and Adeeb Yacoub in Opposition through the United States Postal Service by Express Mail, postage prepaid.

Mariana Braylovskiy Notary Public State of New York No. 01BR6004935

His decision not to plead such a claim appears to be a deliberate choice in that he included in both his Complaint and Amended Complaint a § 1983 claim for the alleged seizure of his weapons, but none for the entry of the home.

Case No. 21-1522 Caption: Wayne Torcivia v. Suffolk County, et al. As required by Supreme Court Rule 33. l(h), I certify that the document contains 6,586 words, excluding the parts of the document that are exempted by Supreme Court Rule 33. l(d).

I declare under penalty of perjury that the fore- going is true and correct.

Executed on October 10, 2022 Vittorio Virili Record Press, Inc.

Sworn to before me on October 10, 2022

Notary Public, State of New York No. 01WI6397949

HoVv'ard Daniels being duly sworn, deposes and says that deponent is not party to the action.

Barbara Dale Underwood Solicitor General Office of the New York State Attorney General 28 Liberty Street New York.

Polin 6 Christesen, LLP Marchus Boulevard, Suite 500 Hauppauge, NY 11788-3704

Howard Daniels Sworn to me this day of October.

2022 Jasmine Williams Notary Public, State of New York Na.

Re: Torcivia v. Suffolk County, New York, et al., No. 21-5122 Request for extension of time Dear Mr. Harris:

I write on behalf of respondents Diana D’Anna, Kristen Steele, and Adeeb Yacoub, M.D., to request an extension of time to file a response to the petition for certiorari.

This Court has requested a response by September 9, 2022, and respondents seek an extension of thirty days, up to and including Tuesday, October 11, 2022.

Scott Christesen, Esq., who is counsel for respondent Mary Catherine Smith and Assistant County Attorney Arlene S. Zwilling, who is counsel for respondent Suffolk County, New York, have each informed me that they join in this request.

Petitioner’s counsel of record Gene C. Schaerr, Esq., has informed me that he consents to this request.

Supreme Court Case No. Wayne Torcivia (Petitioner) Suffolk County, New York, et al. (Respondent)

I DO NOT INTEND TO FILE A RESPONSE to the petition for a writ of certiorari unless one is requested by the Court.

Please check the appropriate boxes: □ Please enter my appearance as Counsel of Record for all respondents.

Please enter my appearance as Counsel of Record for the following respondent(s): Diana D’Anna, Kristen Steele, and Adeeb Yacoub, M.D.

□ I am a member of the Bar of the Supreme Court of the United States.

No. 21-1522 Wayne Torcivia (Petitioner) I DO NOT INTEND TO FILE A RESPONSE to the petition for a writ of certiorari unless one is requested by the Court.

I am filing this waiver on behalf of the following respondent(s): Please check the appropriate box: I am a member of the Bar of the Supreme Court of the United States.

(Filing instructions: Mail the original signed form _ to: Supreme Court, ueri Clerk's Office, 1 First Street, NE.

At this time, I submit for Court consideration, the waiver of Respondent, Mary Catherine Smith.

Scott S. Harris July 12, 2022 Page 2 cc: Amy Bellantoni The Bellantoni Law Firm PLLC 2 Overhill Road Suite 400 Scarsdale, New York 10583 Gene C. Schaerr Schaerr/Jaffe LLP 1717 K Street Suite 900 Washington, DC 20006 Joshua J.

Briefs and Records Supreme Court of the United States United States Courts of Appeals

As required by Supreme Court Rule 33. l(h), I certify that the Motion for Leave to File Brief Amicus Curiae and Brief Amicus Curiae of Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Tennessee Firearms Association, Virginia Citizens Defense League, Heller Foundation, America's Future, and Conservative Legal Defense and Education Fund in Support of Petitioner contains 1,071 and 5,310 words, respectively, excluding the parts of the Brief that are exempted by Supreme Court Rule 33.l(d).

I declare under penalty of perjury that the foregoing is true and correct.

Sworn to and subscribed before me by said Affiant on the date designated below.

Notary Public, State of Ohio My Commission Expires February 14, 2023

NEW CIVIL LIBERTIES ALLIANCE IN SUPPORT OF PETITIONER was sent this same day via Federal Express Overnight Delivery to the Supreme Court of the United States.

I further certify that I have served this same date the required copies via USPS First Class Mail and email to the counsel of record listed below: Gene Clayton Schaerr Schaerr I Jaffe 1717 K Street NW, Suite 900 Washington, DC 20006 gschaerr@schaerr-j affe.com Counsel of Record for Petitioner Barbara Dale Underwood Solicitor General Office of the Attorney General 28 Liberty Street New York, NY 10005-1400 Barbara.

gov Counsel of Record for Respondents I declare under penalty of perjury that the foregoing is true and correct.

Richard Markell Lantagne Legal Printing, Inc. 801 E. Main Street, Suite 100 Richmond, Virginia 23219 (804) 644-04 77

) ) to-wit: Richard Markell appeared before me this 5th da the foregoing affidavit is true and exact to th st o tested that nd belief.

... The Second Circuit Distinguishes Caniglia, Arguing That the “Special Needs” Warrant Exception and the 10 “Community Caretaker” Warrant Exception Are Different Aware of this Court’s holding in Caniglia, the Second Circuit nonetheless ...

But nonetheless it had been given in exchange for something of value—being permitted to serve his prison time while being free in society, instead of confined behind bars.

I, Richard Markell, hereby certify that the above referenced MOTION FOR

LIBERTIES ALLIANCE IN SUPPORT OF PETITIONER as indicated by the word count feature of MS Word and including footnotes but excluding those parts enumerated for exclusion under the rules, contains 4,977 words.

I declare under penalty of perjury that the foregoing is true and correct.

Richard Markell Lantagne Legal Printing, Inc. 801 E. Main Street, Suite 100 Richmond, Virginia 23219 (804) 644-04 77

) ) to-wit: Richard Markell appeared before me this 5th d the foregoing certificate is true and exact ,,,,, ...... ,,,

Briefs and Records Supreme Court of the United States United States Courts of Appeals

Among deprivations of rights, none is so effective in cowing a population, crushing the spirit of the individual and putting terror in every heart.