Opinion
2021-70367 Motion 2019-05506
08-18-2021
The People, etc., respondent, v. Javier Velasco, appellant. Ind. No. 2041/2016
Unpublished Opinion
MOTION DECISION
SYLVIA O. HINDS-RADIX, J.P. LINDA CHRISTOPHER LARA J. GENOVESI DEBORAH A. DOWLING, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant's assigned counsel, inter alia, to abate an appeal from a judgment of the Supreme Court, Queens County, rendered December 3, 2018, upon the death of the appellant on March 19, 2021.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to abate the appeal is granted, the appeal is dismissed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent with People v Mintz (20 N.Y.2d 770); and it is further, ORDERED that the motion is otherwise denied.
HINDS-RADIX, J.P., CHRISTOPHER, GENOVESI and DOWLING, JJ., concur.