Opinion
Motion No. 2021-09145 Ind. No. 180/2020
05-17-2024
The People, etc., respondent, v. Gerard Painson, appellant.
Unpublished Opinion
MOTION DECISION
M296422
FRANCESCA E. CONNOLLY, J.P., LARA J. GENOVESI, BARRY E. WARHIT, LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Queens County, rendered November 23, 2021. Motion by the appellant's assigned counsel, inter alia, to abate the appeal upon the death of the appellant on December 19, 2023.
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.
CONNOLLY, J.P., GENOVESI, WARHIT and WAN, JJ., concur.