ROCHE, PHILIP J. v. BAKER, BROOKS T.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 13-01682 PRESENT: SMITH, J.P., FAHEY, LINDLEY, SCONIERS, AND VALENTINO, JJ.

IN THE MATTER OF PHILIP J. ROCHE, PUBLIC DEFENDER, COUNTY OF STEUBEN, PETITIONER-APPELLANT, V ORDER BROOKS T. BAKER, DISTRICT ATTORNEY, COUNTY OF STEUBEN, RESPONDENT-RESPONDENT.

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.

Entered: March 21, 2014 Frances E. Cafarell Clerk of the Court