Matter of Mc. (Anonymous), Michael
Motion No: 2009-11745
Slip Opinion No: 2010 NY Slip Op 73272(U)
Decided on June 2, 2010
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

M103700

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-11745

In the Matter of Michael Mc. (Anonymous),

appellant.

(Docket No. D-12609-08)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to dismiss an appeal from an order of the Family Court, Nassau County, dated November 9, 2009, upon the death of appellant on March 9, 2010.

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, the appeal is dismissed, and the matter is remitted to the Family Court, Nassau County, for further proceedings consistent with People v Mintz (20 NY2d 770).

DILLON, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court