Order Michigan Supreme Court Lansing, Michigan June 5, 2013 Robert P. Young, Jr., Chief Justice 146789 & (77) Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano, Plaintiff-Appellant/ Justices Cross-Appellee, v SC: 146789 COA: 305283 Jackson CC: 11-004013-FH DAVID LEE ALLAN, Defendant-Appellee/ Cross-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the January 10, 2013 judgment of the Court of Appeals and the application for leave to appeal as cross- appellant are considered, and they are DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

I, Larry S. Royster, 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.

June 5, 2013 p0529 Clerk