Appellate Division: Second Judicial Department

M293878

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2000-03093 The People, etc., respondent, v Clement Lowe, appellant. (Ind. No. 9283/1998)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered March 22, 2000, which was determined by decision and order of this Court dated December 16, 2022. Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, the decision and order of this Court dated December 16, 2022. Motion by the appellant's former assigned counsel, in effect, to withdraw the application for a writ of error coram nobis upon the ground that the application abated upon the appellant's death on November 7, 2023.

Upon the papers filed in support of the application and the papers filed in opposition and in relation thereto, and upon the papers filed in support of motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the application for a writ of error coram nobis is deemed withdrawn (cf. Matter of Charles C.E., 129 AD3d 721).

BARROS, J.P., CHAMBERS, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court