| People v Sweeney, Dennis |
| Motion No: 2009-00448 |
| Slip Opinion No: 2012 NY Slip Op 75187(U) |
| Decided on June 4, 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. |
Appellate Division: Second Judicial Department
M138696
S/sl
REINALDO E. RIVERA, J.P.
RANDALL T. ENG
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2009-00448 The People, etc., respondent, v Dennis Sweeney, appellant. (Ind. No. 07-00997)
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel to abate an appeal from a judgment of the County Court, Orange County, rendered October 16, 2008, upon the death of the appellant on May 2, 2012.
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, Orange County, for further proceedings consistent with People v Mintz (see 20 NY2d 770).
RIVERA, J.P., ENG, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court