People v Paulzin, Wilenton
Motion No: 2015-07452
Slip Opinion No: 2017 NY Slip Op 77584(U)
Decided on June 20, 2017
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

M232867

E/afa

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2015-07452, 2016-02328

The People, etc., respondent,

v Wilenton Paulzin, appellant.

(Ind. No. 14-00622)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel, inter alia, to abate appeals from a judgment of the Supreme Court, Westchester County, rendered July 21, 2015, and, by permission, from an order of the same court dated January 19, 2016, upon the death of the appellant on September 28, 2016.

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

ORDERED that the branch of the motion which is to abate the appeals is granted, the appeals are dismissed, and the matters are remitted to the Supreme Court, Westchester County, for further proceedings consistent with People v Mintz (20 NY2d 770); and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court