People v Joseph, Walter A.
Motion No: 2014-08329
Slip Opinion No: 2020 NY Slip Op 68208(U)
Decided on July 6, 2020
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

M271694

E/sl

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2014-08329

The People, etc., respondent,

v Walter A. Joseph, appellant.

(Ind. No. 10311/2011)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered August 28, 2014. Renewed motion by the appellant's assigned counsel to abate the appeal, as a result of the appellant's death on September 17, 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, the appeal is dismissed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent with People v Mintz (20 NY2d 770).

MASTRO, J.P., MILLER, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court