Opinion
Motion No: 2015-00788 ROC
09-13-2016
The People of the State of New York, Respondent, v. Thomas Tesi, Appellant.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
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