People of State of New York v Seibert
Motion No: 2019-05810
Slip Opinion No: 2021 NY Slip Op 66281(U)
Decided on May 19, 2021
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

M277150

E/sl

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2019-05810

People of State of New York, respondent,

v Kenneth Seibert, appellant.

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated April 24, 2019. Motion by appellant's assigned counsel, in effect, to abate the appeal upon the death of the appellant on February 4, 2021.

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 to the extent that the appeal is dismissed as academic and the motion is otherwise denied.

AUSTIN, J.P., DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court