People v Allen, Hakim
Motion No: 2010-00546
Slip Opinion No: 2011 NY Slip Op 89071(U)
Decided on November 7, 2011
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

M128306

E/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

JEFFREY A. COHEN, JJ.

2010-00546

The People, etc., respondent,

v Hakim Allen, appellant.

(Ind. No. 398/09)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to abate an appeal from a judgment of the Supreme Court, Queens County, rendered December 17, 2009, upon the death of the appellant on October 1, 2010.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion 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 (see 20 NY2d 770).

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

ENTER:

Matthew G. Kiernan

Clerk of the Court