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In the Matter of the Application to Quash TWO GRAND JURY SUBPOENAS RELATING TO JOHN DOE. JOHN CAREY, Appellant; CARL A. VERGARI, Respondent.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

Inasmuch as the petitioner enjoys no possessory right in the subpoenaed documents which is superior to that of the District Attorney (cf., CPL 610.25) and inasmuch as the petitioner has complied with the two challenged subpoenas, this proceeding is academic (cf., Matter of Grand Jury Subpoenas for Locals 17, 135, 257 608 of United Bhd. of Carpenters Joiners [People], 72 N.Y.2d 307, cert denied 488 U.S. 966; see also, Matter of Brunswick Hosp. Center v. Hynes, 52 N.Y.2d 333). Thompson, J.P., Sullivan, Harwood and O'Brien, JJ., concur.

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MATTER OF TWO GRAND JURY SUBPOENAS RELATING
(Feb 10, 1992)