| People v Koenig (Karleen) |
| 2023 NY Slip Op 50448(U) [78 Misc 3d 133(A)] |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
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.