Court of Appeals of New Mexico

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ERIC GRIEGO and THE GRIEGO AGENCY, LLC, Plaintiffs,
and
NEW MEXICO FOUNDATION FOR OPEN GOVERNMENT, Intervenor-Appellee,
v.
NEW MEXICO TAXATION AND REVENUE DEPARTMENT, RICK HOMANS, SECRETARY OF TAXATION AND REVENUE DEPARTMENT, and CUSTODIAN OF RECORDS FOR TAXATION AND REVENUE DEPARTMENT, Defendants-Appellants.

Docket No. 28,899

COURT OF APPEALS OF NEW MEXICO

February 4, 2009

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Valerie M. Huling, District Judge.

COUNSEL

Michael L. Danoff & Associates PC, Michael L. Danoff, Albuquerque, NM, Deborah S. Seligman, Albuquerque, NM, for Eric Griego & The Griego Agency, LLC.

Patrick J. Rogers, Albuquerque, NM, for Appellee NM Foundation for Open Government.

NM Taxation & Revenue Department, Legal Services Bureau, Carolyn A. Wolf, Santa Fe, NM, for Appellant Taxation & Revenue Department.

Lewis J. Terr, Santa Fe, NM, for Appellant Rick Homans.

JUDGES

CELIA FOY CASTILLO, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, JONATHAN B. SUTIN, Judge

AUTHOR: CELIA FOY CASTILLO

MEMORANDUM OPINION

CASTILLO, Judge.

            In this Court’s notice of proposed summary disposition, we proposed to affirm the district court. Defendants have not filed a memorandum in opposition to our proposed disposition, and the time to do so has passed. Therefore, for the reasons stated in the notice of proposed summary disposition, we affirm.

            IT IS SO ORDERED.

CELIA FOY CASTILLO, Judge

WE CONCUR:

JAMES J. WECHSLER, Judge

JONATHAN B. SUTIN, Judge