• Appellate Term, Second Judicial Department
  • 2012-2013
  • Aug 03 2012 (Date Decided)
  • : LaCava, J.P., Nicolai, LaSalle, JJ.

2012-2013 S C. PEOPLE v. VIGNOLA — Appeal from an order of the Justice Court of the Town of Southampton, Suffolk County, entered August 3, 2012. The order granted respondent's application for an order directing the forfeiture of 11 seized dogs.

On the court's own motion, it is

ORDERED that the appeal is dismissed on the ground that appellant did not submit written opposition to the application giving rise to the order appealed from. Thus, the order is deemed to have been entered on default and is not appealable (see CPLR 5511; M & C Bros., Inc. v. Torum, 75 AD3d 869 [2010]; Benitez v. Olson, 29 AD3d 503 [2006]; Fox v. T.B.S.D., Inc., 278 AD2d 612 [2000]). Appellant's remedy, if she be so advised, is to seek relief in the Justice Court upon a written motion.