| People of State of New York v Anthony Abbate |
| Motion No: 2019-00823 KCR |
| Slip Opinion No: 2021 NY Slip Op 68730(U) |
| Decided on July 6, 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.
DAVID ELLIOT
WAVNY TOUSSAINT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Anthony Abbate, Appellant. |
Motion by Appellate Advocates, counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered April 2, 2019, to abate the appeal upon the death of appellant on November 2, 2019.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the appeal is dismissed, and the matter is remitted to the Criminal Court 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