People v Calloway, Rodney
Motion No: 2014-05067
Slip Opinion No: 2016 NY Slip Op 69940(U)
Decided on April 7, 2016
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

M209507

E/ct

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2014-05067

The People, etc., respondent,

v Rodney Calloway, appellant.

(Ind. No. 5331/12)

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 April 30, 2014, upon the death of the appellant on May 8, 2015.

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 (20 NY2d 770), if warranted.

CHAMBERS, J.P., COHEN, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court