People v Thomas, Quinton
Motion No: 2022-00070
Slip Opinion No: 2024 NY Slip Op 63088(U)
Decided on February 26, 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

M294447

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2022-00070

The People, etc., respondent,

v Quinton Thomas, appellant.

(Ind. No. 4276/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered December 13, 2021. Motion by the appellant's assigned counsel, inter alia, to abate the appeal upon the death of the appellant on May 21, 2023.

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.

BARROS, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court