| People of State of New York v Thomas Tesi |
| Motion No: 2015-00788 ROC |
| Slip Opinion No: 2016 NY Slip Op 86591(U) |
| Decided on September 13, 2016 |
| 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
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Thomas Tesi, Appellant. |
Appeal from a judgment of the Justice Court of the Town of Clarkstown, Rockland County, entered February 5, 2015.
On the court's own motion, it is
ORDERED that the appeal is dismissed as untimely.
On February 19, 2015, appellant filed a notice of appeal in this dangerous dog case from a "judgment." However, the appealable document in this matter is an order dated December 31, 2014, which declared appellant's dog to be dangerous and ordered that it be neutered and evaluated (see Agriculture and Markets Law § 123). This order was served with notice of entry on January 8, 2015. Thus, the appeal was not timely taken (see CPLR 5513).
ENTER:
Paul Kenny
Chief Clerk