Putnam County Humane Socy. v Nelson

Putnam County Humane Socy. v Nelson 2009 NY Slip Op 08201 [67 AD3d 763] November 10, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 6, 2010

Putnam County Humane Society, Appellant,
v
Linda Nelson, Respondent.

—[*1] David Bernheim, Croton on Hudson, N.Y., for appellant.

Feerick Lynch MacCartney, PLLC, South Nyack, N.Y. (Mary E. Marzolla of counsel), for 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.

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.