Opinion
Motion No. 2022-00263 DCR
03-20-2023
The People of the State of New York, Respondent, v. Christopher J. Disciorio, Appellant.
Unpublished Opinion
MOTION DECISION
ELIZABETH H. EMERSON, J.P. JERRY GARGUILO GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
Motion by the Dutchess County Public Defender, counsel assigned to represent appellant on an appeal from a judgment of conviction of the Justice Court of the Town of East Fishkill, Dutchess County, rendered March 2, 2022, to, among other things, abate the appeal upon the death of appellant.
ORDERED that the motion is granted to the extent that the appeal is dismissed, and the matter is remitted to the Justice Court for further proceedings consistent with People v Matteson (75 N.Y.2d 745 [1989]) and People v Mintz (20 N.Y.2d 770 [1967]).