People of State of New York v Lawrence Pantori
Motion No: 2013-01130 SCR
Slip Opinion No: 2014 NY Slip Op 63628(U)
Decided on January 30, 2014
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

BRUCE E. TOLBERT, J.P.

FRANCIS A. NICOLAI

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2013-1130 S CR
The People of the State of New York, Respondent, v Lawrence Pantori, Appellant.

Motion by Robert C. Mitchell, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered May 16, 2013, in effect, to abate the appeal, upon the death of appellant on October 8, 2013, and to be relieved.

Upon the papers filed in support of the motion and the papers filed in response thereto, it is

ORDERED that the branch of the motion seeking, in effect, to abate the appeal is granted, the appeal is dismissed, and the matter is remitted to the District Court of Suffolk County, for further proceedings consistent with People v Mintz (20 NY2d 770 [1967]); and it is further,

ORDERED that the branch of the motion seeking to be relieved is denied to the extent that counsel must appear for any proceedings in the District Court pursuant to People v Mintz (id.).

ENTER:

Paul Kenny

Chief Clerk