Opinion
Motion No. 2019-06649 Ind. No. 1504/2018
11-08-2023
The People, etc., respondent, v. Jose Cruz, appellant.
Unpublished Opinion
MOTION DECISION
M292205
VALERIE BRATHWAITE NELSON, J.P., ROBERT J. MILLER, LARA J. GENOVESI, LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the County Court, Suffolk County, rendered May 16, 2019. Motion by the respondent to abate the appeal upon the death of the appellant on August 19, 2022.
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, Suffolk County, for further proceedings consistent with People v Mintz (20 N.Y.2d 770).
BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WAN, JJ., concur.