Opinion
2021-76735 Motion KA 19-01776
12-29-2021
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JON FONTAINE, DEFENDANT-APPELLANT. Indictment No. 2012-0642
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Counsel for appellant having moved to dismiss the appeal taken from the restitution order of the Monroe County Court, rendered August 2, 2017, on the ground that appellant has died during the pendency of the appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the motion is granted, and
It is further ORDERED the appeal is dismissed, and the matter is remitted to Monroe County Court to vacate the order of restitution (see People v Matteson, 75 N.Y.2d 745 [1989]).