People v Portillo, George
Motion No: 2011-03799
Slip Opinion No: 2013 NY Slip Op 65687(U)
Decided on February 26, 2013
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

M152039

T/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2011-03799

The People, etc., respondent,

v George Portillo, appellant.

(Ind. No. 1829/09)

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 March 30, 2011, upon the death of the appellant on February 4, 2012.

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).

SKELOS, J.P., LEVENTHAL, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court