| Matter of Weinert v Narducci |
| 2004 NY Slip Op 00858 [4 AD3d 897] |
| Decided on February 11, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on February 11, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, GORSKI, AND LAWTON, JJ.
161 CA 03-01327
[*1]MATTER OF LANCE E. WEINERT, PETITIONER-APPELLANT, ORDER
v
HONORABLE DAVID J. NARDUCCI, AS JUSTICE OF CHAUTAUQUA TOWN COURT, AND JAMES P. SUBJACK, AS DISTRICT ATTORNEY, COUNTY OF CHAUTAUQUA, RESPONDENTS-RESPONDENTS.
Appeal from a judgment of the Supreme Court, Chautauqua County (John T. Ward, A.J.), entered August 21, 2002 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition to prohibit respondents from enforcing an order disqualifying petitioner's attorney from representing petitioner in an action pending in the Chautauqua Town Court.
GULLO, KIRKPATRICK & PRICE, FREDONIA (JOHN P. GULLO, II, OF COUNSEL), FOR PETITIONER-APPELLANT.
DAVID J. NARDUCCI, MAYVILLE, RESPONDENT-RESPONDENT PRO SE.
FREDERICK A. LARSON, COUNTY ATTORNEY, MAYVILLE (KURT D. GUSTAFSON OF COUNSEL, FOR RESPONDENT-RESPONDENT JAMES P. SUBJACK, AS DISTRICT ATTORNEY, COUNTY OF CHAUTAUQUA.
Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties and by respondent David J. Narducci on January 16, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: February 11, 2004
JoAnn M. Wahl
Clerk of the Court