| People v Albert, Richard |
| Motion No: 2013-00956 |
| Slip Opinion No: 2013 NY Slip Op 90838(U) |
| Decided on November 8, 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. |
Appellate Division: Second Judicial Department
M164852
E/ct
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
|
2013-00956 The People, etc., respondent, v Richard Albert, appellant. (Ind. No. 3940/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel to abate an appeal from a judgment of the Supreme Court, Kings County, rendered January 3, 2013, upon the death of the appellant on March 9, 2013.
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, Kings County, for further proceedings consistent with People v Mintz (see 20 NY2d 770).
DILLON, J.P., DICKERSON, HALL and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court