THE PEOPLE V STEVEN LISZKA, SR.
Motion No: KA 18-00501
Slip Opinion No: 2019 NY Slip Op 81006(U)
Decided on September 27, 2019
Appellate Division, Fourth 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.


September 27, 2019

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 18-00501
Indictment No: 17-12

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

STEVEN LISZKA, SR., DEFENDANT-APPELLANT.


Counsel for appellant having moved to dismiss the appeal taken from a judgment of the Yates County Court, rendered November 14, 2017, on the ground that appellant has died during the pendency of the appeal,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and

It is further ORDERED the appeal is dismissed, and the matter is remitted to Yates County Court, to vacate the judgment of conviction and dismiss the indictment (see People v Matteson, 75 NY2d 745 [1989]).

Entered: September 27, 2019

Mark W. Bennett

Clerk of the Court