Appellate Division: Second Judicial Department

M50880

E/nl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

GABRIEL M. KRAUSMAN

ANITA R. FLORIO

MARK C. DILLON, JJ.

2005-07379 The People, etc., respondent, v Treadis Carvalho, appellant. (Ind. No. 96-00598)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to resettle so much of a decision and order on motion of this court dated November 2, 2006, as upon granting its motion to dismiss an appeal from a resentence of the Supreme Court, Westchester County, rendered June 28, 2005, upon the death of appellant on September 4, 2006, and dismissing the appeal, remitted the matter to the Supreme Court, Westchester County, for entry of an order pursuant to People v Mintz (see 20 NY2d 770).

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, the decision and order on motion of this court dated November 2, 2006, is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent to dismiss an appeal from a resentence of the Supreme Court, Westchester County, rendered June 28, 2005, upon the death of appellant on September 4, 2006.

Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed.

MILLER, J.P., SPOLZINO, KRAUSMAN, FLORIO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court