People v Green, Stephen
Motion No: 2017-08393
Slip Opinion No: 2019 NY Slip Op 65642(U)
Decided on March 18, 2019
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

M261088

E/mm

ALAN D. SCHEINKMAN, P.J.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2017-08393

The People, etc., respondent,

v Stephen Green, appellant.

(Ind. No. 7925/16)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel, inter alia, to discontinue an appeal from a judgment of the Supreme Court, Kings County, rendered June 14, 2017, as a result of the appellant's death on October 25, 2018.

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

ORDERED that the motion is granted to the extent that 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 the motion is otherwise denied.

SCHEINKMAN, P.J., CHAMBERS, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court