| THE PEOPLE V JON FONTAINE |
| Motion No: KA 19-01776 |
| Slip Opinion No: 2021 NY Slip Op 76735(U) |
| Decided on December 29, 2021 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 19-01776
Indictment No: 2012-0642
| THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V JON FONTAINE, DEFENDANT-APPELLANT. |
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 NY2d 745 [1989]).
Entered: December 29, 2021
Ann Dillon Flynn
Clerk of the Court