People v Sullivan
2009 NY Slip Op 07077 [66 AD3d 1496]
October 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


The People of the State of New York, Respondent, v Matthew T. Sullivan, Respondent. Gatehouse Media New York Holdings, Inc., Intervenor-Appellant.

—[*1] Hiscock & Barclay, LLP, Albany (Michael J. Grygiel of counsel), for Intervenor-Appellant.

Scott D. McNamara, District Attorney, Utica, for respondent.

Hancock & Estabrook, LLP, Syracuse (Janet D. Callahan of counsel), for defendant-respondent.

Appeal from an order of Oneida County Court (John S. Balzano, A.J.), entered January 16, 2009. The order, insofar as appealed from, denied in part the application of intervenor to procure access to a certain electronic recording.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on September 15, 2009,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Fahey, Carni, Pine and Gorski, JJ.