Opinion
2004-798 OR C.
Decided January 5, 2006.
Appeal from an order of the Justice Court of the Town of Wawayanda, Orange County (Peter P. Gromacki, J.), dated June 8, 2004. The order granted petitioners-respondents' application directing respondents-appellants to post a bond in the sum of $6,516 pursuant to Agriculture and Markets Law § 373 (6) (a).
Appeal unanimously dismissed as academic.
PRESENT: RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.
The order appealed granted petitioners-respondents' application requiring respondents-appellants to post security, in the sum of $6,516, for the care of their dogs which were seized ( see Agriculture and Markets Law § 373 [a]). The order noted that the failure to post the security within 5 business days, would result in a court order of forfeiture of the seized animals to the impounding organizations, the petitioners-respondents herein. Respondents initially filed a notice of appeal with this court and, by order dated October 21, 2004, obtained a stay of the requirement of posting the security. The appeal was dismissed on December 14, 2004. As a result of the dismissal, the stay was no longer in effect. On December 21, 2004, the Justice Court, pursuant to Agriculture and Markets Law § 373 (6) (b) (2), issued an order declaring the dogs forfeited to the custody of the Warwick Valley Humane Society due to respondents-appellants' failure to post security. Although this court, by order dated April 11, 2005, vacated the dismissal of the appeal and reinstated the stay, the dogs in the interim, were successfully placed in adoptive homes. Since the subject of the appeal concerns the propriety of the order requiring the filing of security and since by virtue of the order of forfeiture security is no longer required, the order is now moot and the appeal should be dismissed as academic ( see Equicredit Corp. of Am. v. Cabrero, 17 AD3d 520).