People v Santoro, Philip
Motion No: 2007-01348
Slip Opinion No: 2012 NY Slip Op 73087(U)
Decided on May 11, 2012
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

M137485

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2007-01348

The People, etc., respondent,

v Philip Santoro, appellant.

(Ind. No. 05-1172)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel, in effect, to abate an appeal from a judgment of the County Court, Westchester County, rendered January 11, 2007, upon the death of the appellant on September 21, 2007.

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

ORDERED that the motion is granted, the appeal is dismissed, and the matter is remitted to the County Court, Westchester County, for further proceedings consistent with People v Mintz (see 20 NY2d 770).

SKELOS, J.P., FLORIO, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court