Order Michigan Supreme Court Lansing, Michigan October 24, 2011 Robert P. Young, Jr., Chief Justice 143430 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra, Plaintiff-Appellee, Justices v SC: 143430 COA: 303946 Alpena CC: 10-003581-FH ALLAN STEPHAN KOTT, 10-003582-FH Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the June 24, 2011 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

October 24, 2011 _________________________________________ y1017 Clerk