People v O'Reilly, John B.
Motion No: 2018-01844
Slip Opinion No: 2020 NY Slip Op 74479(U)
Decided on November 9, 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

M274024

E/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2018-01844

The People, etc., respondent,

v John B. O'Reilly, appellant.

(Ind. No. 106/2017)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Dutchess County, rendered December 4, 2017. Motion by the appellant's assigned counsel to abate the appeal, as a result of the appellant's death on July 10, 2020.

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, the appeal is dismissed, and the matter is remitted to the County Court, Dutchess County, for further proceedings consistent with People v Mintz (20 NY2d 770).

MASTRO, J.P., CHAMBERS, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court