| People v Enelus, Robert |
| Motion No: 2018-08373 |
| Slip Opinion No: 2023 NY Slip Op 62400(U) |
| Decided on February 22, 2023 |
| 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
M287488
AFA/
VALERIE BRATHWAITE NELSON, J.P.
CHERYL E. CHAMBERS
DEBORAH A. DOWLING
BARRY E. WARHIT, JJ.
|
2018-08373 The People, etc., respondent, v Robert Enelus, appellant. (Ind. No. 8350/2017)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Kings County, rendered June 13, 2018. Motion by the appellant's assigned counsel, inter alia, to abate the appeal upon the death of the appellant on June 3, 2022.
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 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.
BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court