People of State of New York v Pryce
Motion No: 2006-01342
Slip Opinion No: 2009 NYSlipOp 69023(U)
Decided on April 8, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M84926

E/cb

PETER B. SKELOS, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2006-01342

People of State of New York, respondent,

v Vicarrio Pryce, appellant.

DECISION & ORDER ON MOTION

Motion by Kent V. Moston to be relieved of the assignment to prosecute an appeal from an order of the County Court, Nassau County, dated January 23, 2006.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the appellant has been deported and is no longer available to obey the mandate of the court (see People v Diaz, 7 NY3d 831).

SKELOS, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court