The People of the State of New York, Respondent, v. Karleen Koenig, Appellant. (2023)

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.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: April 20, 2023