| People of State of New York v Janice Vignola |
| Motion No: 2012-02013 sc |
| Slip Opinion No: 2012 NY Slip Op 84835(U) |
| Decided on September 12, 2012 |
| 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
JOHN R. LaCAVA, J.P.
FRANCIS A. NICOLAI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Janice Vignola, Appellant. |
Appeal from an order of the Justice Court of the Town of Southampton, Suffolk County, entered August 3, 2012. The order granted respondent's application for an order directing the forfeiture of 11 seized dogs.
On the court's own motion, it is
ORDERED that the appeal is dismissed on the ground that appellant did not submit written opposition to the application giving rise to the order appealed from. Thus, the order is deemed to have been entered on default and is not appealable (see CPLR 5511; M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]; Benitez v Olson, 29 AD3d 503 [2006]; Fox v T.B.S.D., Inc., 278 AD2d 612 [2000]). Appellant's remedy, if she be so advised, is to seek relief in the Justice Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk