In the Matter of the Application of John Price

Motion No: M-4568

Slip Opinion No: 2017 NYSlipOp 62816(U)

Decided on January 12, 2017

Appellate Division, First 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.

January 12, 2017

In the Matter of the Application of

John Price,

Petitioner,

For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules,

v

Hon. Maxwell Wiley, Justice of the

Supreme Court of the New York County

and Cyrus R. Vance, Jr., District

Attorney, New York County,

Defendant.

An Article 78 proceeding having been transferred to this Court, pursuant to CPLR 7804(g), by order of the Supreme Court, New York County, entered on or about July 21, 2016, And, petitioner having moved for a Writ of Mandamus/ Prohibition, for leave to prosecute the proceeding as a poor person and for related relief Now, upon reading and filing the papers with respect to the motion, including the stipulation of the parties dated November 23, 2016, and due deliberation having been had thereon, It is ordered that the motion is deemed withdrawn the petition denied and the proceeding dismissed. ENTERED: January 12, 2017

_____________________ CLERK

PRESENT: Hon. Peter Tom, Justice Presiding, David Friedman John W. Sweeny, Jr. Rolando T. Acosta Dianne T. Renwick,Justices

M-4568

Index No. 69/16