Anna Walkiewicz, Respondent, v. Elaine Mamolite, Appellant. (2024)

ORDERED that the appeal is dismissed.

This is an appeal, in a dangerous dog proceeding, from an interim order of the District Court dated July 14, 2023 directing the seizure of both of appellant's dogs until further order of the court. Following an adjourned hearing date, by order dated May 3, 2024, the court, among other things, declared one of appellant's dogs, Ranger, a dangerous dog, ordered the permanent confinement of that dog in appellant's home, and dismissed so much of the dangerous dog complaint as was against appellant's other dog, Diva.

No appeal lies from the July 14, 2023 interim order, as the right to appeal therefrom terminated when the court issued its May 3, 2024 order (see Matter of Aho, 39 NY2d 241, 248 [1976]; Auto Lead Pro, Inc. v Santa Motors, Inc., 69 Misc 3d 135[A], 2020 NY Slip Op 51279[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2020]).

Accordingly, the appeal is dismissed.

WALSH, J.P., McCORMACK and GOLDBERG-VELAZQUEZ, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: July 25, 2024