Opinion
Motion No: 2011-00641 Ind. No. 6823/09 M125498
09-09-2011
, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
L. PRISCILLA HALL, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant's assigned counsel, inter alia, in effect, to abate an appeal from an order of the Supreme Court, Kings County, dated December 20, 2010, upon the death of the appellant on June 12, 2011.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, the appeal is dismissed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent with People v Mintz (20 NY2d 770).
COVELLO, J.P., ANGIOLILLO, CHAMBERS and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court