| People of State of New York v Christopher J. Disciorio |
| Motion No: 2022-00263 DCR |
| Slip Opinion No: 2023 NY Slip Op 64322(U) |
| Decided on March 20, 2023 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
ELIZABETH H. EMERSON, J.P.
JERRY GARGUILO
GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Christopher J. Disciorio, Appellant. |
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.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
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 NY2d 745 [1989]) and People v Mintz (20 NY2d 770 [1967]).
ENTER:
Paul Kenny
Chief Clerk