Opinion
Motion No: 2009-00448 Ind. No. 07-00997 M138696
06-04-2012
The People, etc., respondent, v. Dennis Sweeney, appellant.
, J.P.
RANDALL T. ENG
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant's assigned counsel to abate an appeal from a judgment of the County Court, Orange County, rendered October 16, 2008, upon the death of the appellant on May 2, 2012.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, the appeal is dismissed, and the matter is remitted to the County Court, Orange County, for further proceedings consistent with People v Mintz (see 20 NY2d 770).
RIVERA, J.P., ENG, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court