People of State of New York v Fontaine
Motion No: 2016-03090
Slip Opinion No: 2017 NY Slip Op 62740(U)
Decided on February 2, 2017
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

M225472

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-03090

People of State of New York, respondent-

appellant, v Anthony Fontaine, appellant-

respondent.

(Index No. 12-00597)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to dismiss an appeal from an order of the Supreme Court, Westchester County, dated February 29, 2016, on the ground that it has been rendered academic.

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 and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that on the Court's own motion, the cross appeal is dismissed, without costs or disbursements, on the ground that it has been rendered academic.

BALKIN, J.P., HALL, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court