Appellate Division: Second Judicial Department

M301375

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

CARL J. LANDICINO

JAMES P. MCCORMACK, JJ.

2012-04202 The People, etc., respondent, v Henry Cabeza, appellant. (Ind. No. 344/2010)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Richmond County, rendered April 4, 2012. Motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel. By order to show cause dated October 25, 2023, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the appeal has been abandoned, counsel was assigned to respond to the order to show cause, and the appellant's motion was held in abeyance in the interim. Motion by the appellant's assigned counsel, inter alia, to abate the appeal upon the death of the appellant on January 27, 2024.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions by the appellant and by the appellant's assigned counsel and the papers field in relation thereto, it is

ORDERED that the motion by the appellant's assigned counsel is granted to the extent that 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 that motion is otherwise denied; and it is further,

ORDERED that the motion by the appellant and the motion to dismiss the appeal on the ground that the appeal has been abandoned are denied as academic.

DUFFY, J.P., WOOTEN, LANDICINO and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court