People v Cirino, Thomas
Motion No: 2013-00554
Slip Opinion No: 2014 NY Slip Op 82874(U)
Decided on September 8, 2014
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

M179506

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-00554

The People, etc., respondent,

v Thomas Cirino, appellant.

(S.C.I. No. 1147-12)

DECISION & ORDER ON MOTION

Motion by the respondent to abate an appeal from a judgment of the County Court, Nassau County, rendered September 24, 2012, upon the death of the appellant on January 3, 2014.

Upon the papers filed in support of the motion and no papers filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the appeal is dismissed, and the matter is remitted to the County Court, Nassau County, for further proceedings consistent with People v Mintz (20 NY2d 770).

BALKIN, J.P., DICKERSON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court