People ex rel. Purita on behalf of Howell v Molina
Motion No: 2023-07800
Slip Opinion No: 2024 NY Slip Op 61785(U)
Decided on February 5, 2024
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M294044

KS/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2023-07800

People, etc., ex rel. Enrico Purita,

on behalf of Ricky Howell, appellant,

v Louis Molina, etc., respondent.

(Index No. 85093/2023)

DECISION & ORDER ON MOTION

Appeal from an unsigned transcript of the proceedings of the Supreme Court, Richmond County, which occurred on May 15, 2023. Motion by the appellant to abate the appeal upon the death of the relator on July 6, 2023, and, in effect, to remit the matter to the Supreme Court, Richmond County.

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

ORDERED that the motion is granted to the extent that the appeal is dismissed and the motion is otherwise denied.

BRATHWAITE NELSON, J.P., WOOTEN, FORD and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court