| People v O'Brien, Peter |
| Motion No: 2012-06237 |
| Slip Opinion No: 2017 NY Slip Op 87089(U) |
| Decided on September 26, 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. |
Appellate Division: Second Judicial Department
M238325
E/afa
RUTH C. BALKIN, J.P.
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
|
2012-06237 The People, etc., respondent, v Peter O'Brien, appellant. (Ind. No. 8852/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel, inter alia, to abate an appeal from a judgment of the Supreme Court, Kings County, rendered May 24, 2012, upon the death of the appellant on August 16, 2014.
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); and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., HINDS-RADIX, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court