| People v Vives, Nair |
| Motion No: 2017-04342 |
| Slip Opinion No: 2022 NY Slip Op 74200(U) |
| Decided on November 9, 2022 |
| 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. |
Appellate Division: Second Judicial Department
M285871
AFA/
COLLEEN D. DUFFY, J.P.
FRANCESCA E. CONNOLLY
JOSEPH A. ZAYAS
LILLIAN WAN, JJ.
|
2017-04342, 2017-11914 The People, etc., respondent, v Nair Vives, appellant. (Ind. No. 2634/2014)
| DECISION & ORDER ON MOTION |
Appeals from two judgments of the Supreme Court, Queens County, rendered August 17, 2016, and August 24, 2016. Motion by the appellant's assigned counsel, inter alia, to abate the appeals upon the death of the appellant on November 20, 2020.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to abate the appeals is granted, the appeals are dismissed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent with People v Mintz (20 NY2d 770); and it is further,
ORDERED that the motion is otherwise denied.
DUFFY, J.P., CONNOLLY, ZAYAS and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court