People v. Koenig (Karleen)

People v Koenig (2023 NY Slip Op 50448(U)) [*1]

People v Koenig (Karleen)

2023 NY Slip Op 50448(U)

Decided on April 20, 2023

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 20, 2023

PRESENT: : JERRY GARGUILO, P.J., TIMOTHY S. DRISCOLL, GRETCHEN WALSH, JJ
2022-5 RO C

Peter J. Gleason, for appellant. Clarkstown Town Attorney's Office (Craig E. Johns and Paul K. Schofield of counsel), for respondent.

Appeal from a decision of the Justice Court of the Town of Clarkstown, Rockland County (Scott B. Ugell, J.H.O.), dated December 14, 2021. The decision, after a hearing, upon finding defendant's dog to be dangerous under Agriculture and Markets Law § 123, found defendant liable for medical costs in the sum of $631.14.

ORDERED that the appeal is dismissed as no appeal lies from a decision (see UJCA 1702).

The Justice Court found defendant's dog to be a dangerous dog (see Agriculture and Markets Law § 123 [2]). Pursuant to Agriculture and Markets Law § 123 (10), once the dog is deemed a dangerous dog, an owner or lawful custodian of a dangerous dog shall "be strictly liable for medical costs resulting from injury caused by such dog." After a hearing, the court issued a decision finding defendant liable for medical costs in the sum of $631.14.

Unlike a determination that a dog is dangerous, which determination is appealable (see Agriculture and Markets Law § 123 [5] [a]; Town of Southampton v Ciuzio, 19 Misc 3d 140[A], 2008 NY Slip Op 50911[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2008] [relying on Agriculture and Markets Law former § 121 [5] [a], now renumbered § 123 [5] [a]), no appeal lies from a decision, after a hearing, finding defendant strictly liable in a specific amount for medical costs (see UJCA 1702).

Accordingly, the appeal is dismissed.

GARGUILO, P.J., DRISCOLL and WALSH, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: April 20, 2023