1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO ERIC GRIEGO and THE GRIEGO AGENCY, LLC, 4 Plaintiffs, and NEW MEXICO FOUNDATION FOR OPEN GOVERNMENT, 8 Intervenor-Appellee, v. NO. 28,899 NEW MEXICO TAXATION AND REVENUE DEPARTMENT, RICK HOMANS, SECRETARY OF TAXATION AND REVENUE DEPARTMENT, and CUSTODIAN OF RECORDS FOR TAXATION AND REVENUE DEPARTMENT, 17 Defendants-Appellants.

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

11 MEMORANDUM OPINION CASTILLO, Judge.

13 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.

17 IT IS SO ORDERED.

18 ________________________________ 19 CELIA FOY CASTILLO, Judge WE CONCUR: ________________________________ JAMES J. WECHSLER, Judge

3 ________________________________ JONATHAN B. SUTIN, Judge