Opinion
CA 03-01327.
February 11, 2004.
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.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, GORSKI, AND LAWTON, JJ.
ORDER
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.