People of State of New York v Noble-Castro
Motion No: 2006-07999
Slip Opinion No: 2007 NYSlipOp 70380(U)
Decided on May 30, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M54560

S/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2006-07999

People of the State of New York, respondent,

v Higinio Noble-Castro, appellant.

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the Supreme Court, Westchester County, dated September 19, 2003.

Upon the stipulation of the parties dated April 30, 2007, it is

ORDERED that the appeal is deemed withdrawn as abated upon the death of the appellant on September 24, 2006.

SPOLZINO, J.P., RITTER, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court