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Putnam County Humane Society v. Nelson

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


November 10, 2009

PUTNAM COUNTY HUMANE SOCIETY, APPELLANT,
v.
LINDA NELSON, RESPONDENT.

In an action for a judgment declaring that certain orders of the Justice Court of the Town of Kent were not enforceable against the plaintiff, the plaintiff appeals from an order of the Supreme Court, Putnam County (O'Rourke, J.), dated December 17, 2007, which denied its motion for a preliminary injunction and granted the defendant's motion to dismiss the complaint.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

MARK C. DILLON, J.P., HOWARD MILLER, DANIEL D. ANGIOLILLO and THOMAS A. DICKERSON, JJ.

(Index No. 2906/07)

DECISION & ORDER

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed because the issues raised have been rendered academic by the dismissal of the criminal charges against the defendant and the acknowledgment by the parties that the subject animals have been returned to the defendant (see Agriculture and Markets Law § 373[6][c]).

DILLON, J.P., MILLER, ANGIOLILLO and DICKERSON, JJ., concur.

20091110

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