| People of State of New York v Nair Vives |
| Motion No: 2016-00814 KCR |
| Slip Opinion No: 2021 NY Slip Op 63879(U) |
| Decided on March 23, 2021 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
THOMAS P. ALIOTTA, P.J.
MICHELLE WESTON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Nair Vives, Appellant. |
Motion by appellant for an order abating the appeal upon the death of the appellant and vacating the judgement of conviction on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered March 15, 2016.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the appeal is dismissed on the ground that it abated upon appellant's death, and the matter is remitted to the Criminal Court of the City of New York, Kings County for further proceedings consistent with People v Matteson (75 NY2d 745 [1989]) and People v Mintz (20 NY2d 770 [1967]).
ENTER:
Paul Kenny
Chief Clerk