| People v Thomas, Mark |
| Motion No: 2019-13734 |
| Slip Opinion No: 2023 NY Slip Op 71748(U) |
| Decided on August 14, 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
M290546
AFA/COLLEEN D. DUFFY, J.P.
ANGELA G. IANNACCI
WILLIAM G. FORD
BARRY E. WARHIT, JJ.
|
2019-13734 The People, etc., respondent, v Mark Thomas, appellant. (Ind. No. 10026/2017)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Kings County, rendered October 17, 2019. Motion by the appellant's assigned counsel, inter alia, to abate the appeal upon the death of the appellant on September 22, 2022.
Upon the papers filed in support of the motion and no papers 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.
DUFFY, J.P., IANNACCI, FORD and WARHIT, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court