Opinion
Motion No. 2021-07494
06-23-2023
People of State of New York, respondent, v. Jose Agosto, appellant.
Unpublished Opinion
MOTION DECISION
M289663
VALERIE BRATHWAITE NELSON, J.P., JOSEPH J. MALTESE, WILLIAM G. FORD, BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Suffolk County, dated September 16, 2021. Motion by the appellant's assigned counsel to dismiss the appeal, in effect, on the ground that it has been rendered academic by the appellant's death on November 18, 2021.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew, upon proper papers, including a copy of the appellant's death certificate.
BRATHWAITE NELSON, J.P., MALTESE, FORD and WARHIT, JJ., concur.