Appellate Division: Second Judicial Department

M156081

E/sl

MARK C. DILLON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, 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. By decision and order on motion of this Court dated March 6, 2013, the parties were 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 abated upon the death of the appellant, and the respondent's motion was held in abeyance in the interim.

Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal on the ground that it abated upon the death of the appellant 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); and it is further,

ORDERED that the respondent's motion to dismiss the appeal as abandoned is denied as academic.

DILLON, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court