Opinion
Motion No. 2017-04335 Ind. No. 1053/2012
11-08-2023
The People, etc., Respondent, v. Nair Vives, Appellant.
Unpublished Opinion
MOTION DECISION
M292206
VALERIE BRATHWAITE NELSON, J.P., ROBERT J. MILLER, LARA J. GENOVESI, LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Queens County, rendered August 17, 2016. Motion by the appellant's assigned counsel, inter alia, to abate the appeal upon the death of the appellant on November 20, 2020.
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.
BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WAN, JJ., concur.