People v Andujar, Jancairo
Motion No: 2017-11833
Slip Opinion No: 2021 NY Slip Op 73717(U)
Decided on October 22, 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

M279741

AFA/

SYLVIA O. HINDS-RADIX, J.P.

ROBERT J. MILLER

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2017-11833

The People, etc., respondent,

v Jancairo Andujar, appellant.

(Ind. No. 1506/2017)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel, inter alia, to abate an appeal from a judgment of the Supreme Court, Kings County, rendered August 17, 2017, upon the death of the appellant on September 2, 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 branch of the motion which is to abate the appeal is granted, the appeal is dismissed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent with People v Mintz (20 NY2d 770); and it is further,

ORDERED that the motion is otherwise denied.

HINDS-RADIX, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court