Opinion
July 12, 1991
Appeal from the Queens County Family Court, De Phillips, J.
Present — Callahan, J.P., Denman, Green, Balio and Davis, JJ.
Order unanimously reversed on the law without costs and petition dismissed. Memorandum: Petitioner presentment agency concedes that it failed to fulfill its discovery obligations to respondent (see, Family Ct Act § 331.4; People v Rosario, 9 N.Y.2d 286, rearg denied 9 N.Y.2d 908, cert denied 368 U.S. 866, rearg denied 14 N.Y.2d 876, 15 N.Y.2d 765). Furthermore, petitioner has determined that "on the particular facts of this case, a retrial would not serve the ends of justice", and thus, consents to dismissal of its petition.