People v Moran, John W.
Motion No: 2018-03745
Slip Opinion No: 2019 NY Slip Op 80736(U)
Decided on October 1, 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

M266274

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-03745

The People, etc., respondent,

v John W. Moran, appellant.

(Ind. No. 10131/17)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel, in effect, to abate an appeal from a judgment of the County Court, Dutchess County, rendered March 9, 2018, as a result of the appellant's death on July 28, 2018.

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 motion is granted and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent with People v Mintz (20 NY2d 770).

BALKIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court