Matter of Roche v Baker (2014 NY Slip Op 01916)

Matter of Roche v Baker

2014 NY Slip Op 01916 [115 AD3d 1239]

March 21, 2014

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 30, 2014

In the Matter of Philip J. Roche, Public Defender, County of Steuben, Appellant,
v
Brooks T. Baker, District Attorney, County of Steuben, Respondent.

—[*1] Alan P. Reed, County Attorney, Bath, for petitioner-appellant.

Brooks T. Baker, District Attorney, Bath, respondent-respondent pro se.

Appeal from an order of the Steuben County Court (Peter C. Bradstreet, J.), entered January 10, 2013. The order denied the application of petitioner to quash a subpoena duces tecum.

Now, upon reading and filing the stipulation of discontinuance signed by petitioner-appellant on December 19, 2013, by respondent-respondent on December 18, 2013 and by the attorney for petitioner-appellant on December 17, 2013,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Fahey, Lindley, Sconiers and Valentino, JJ.