Appellate Division: Second Judicial Department

M152339

T/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2004-07084 The People, etc., respondent, v Bryan Locicero, appellant. (Ind. No. 03-00839)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Orange County, rendered June 25, 2004.

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 on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that it has abated upon the death of the appellant, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before April 5, 2013; and it is further,

ORDERED that the motion by the respondent to dismiss the appeal as abandoned is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this decision and order on motion upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

ENG, P.J., RIVERA, DICKERSON and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court