People of State of New York v Pellegrino
Motion No: 2008-07139
Slip Opinion No: 2010 NY Slip Op 83822(U)
Decided on September 30, 2010
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

M108815

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2008-07139

People of State of New York, respondent,

v Joseph Pellegrino, appellant.

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated July 18, 2008, on the ground that the appellant has absconded from parole supervision.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, on the ground that the appellant has absconded from parole supervision (cf. People v Taveras, 10 NY3d 227; People v Diaz, 7 NY3d 831; People v Smith, 44 NY2d 613).

MASTRO, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court