| People v Vives, Nair |
| Motion No: 2017-04335 |
| Slip Opinion No: 2023 NY Slip Op 76442(U) |
| Decided on November 8, 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
M292206
KS/
VALERIE BRATHWAITE NELSON, J.P.
ROBERT J. MILLER
LARA J. GENOVESI
LILLIAN WAN, JJ.
|
2017-04335 The People, etc., respondent, v Nair Vives, appellant. (Ind. No. 1053/2012)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Queens County, rendered August 17, 2016. Motion by the appellant's assigned counsel, inter alia, to abate the appeal 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 appeal is granted, the appeal is 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.
BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court