Summary
The Appellate Division, Third Department dismissed appeals from Town Court orders requiring security for the care of seized horses and forfeiting the respondent's interest in the animals. The court held that the orders were not appealable directly to the Appellate Division and that the proper appeal route was to County Court.
Topics
Practice areas
Questions Presented
- Whether the Appellate Division had jurisdiction to hear direct appeals from the Town Court's orders requiring security and forfeiting the seized animals.
- Whether the proper appellate route for those Town Court orders was an appeal to County Court.
Holdings
- The Town Court's orders were not appealable directly to the Appellate Division, so the appeals had to be dismissed.
- The proper procedure was for Nussinow to appeal the Town Court orders to County Court.
Key quotations
“Respondent's appeals must be dismissed because Town Court's orders are not appealable to this Court” ([*1])
Factual background
New York State Police executed a search warrant on Nussinow's property in July 2024 and seized 13 horses based on allegations that she failed to provide proper sustenance in violation of Agriculture and Markets Law § 353. The horses were placed in the care of Lucky Orphans Horse Rescue Inc., which petitioned for security to cover 30 days of housing and care costs. After Nussinow failed to post the required security within five days, Town Court forfeited her right, title, and interest in the horses and vested ownership in Lucky Orphans.
Procedural history
The Town Court of Germantown ordered Andrea Nussinow to post a cash security bond under Agriculture and Markets Law § 373 (6) and later forfeited her interest in 13 seized horses when she failed to post the bond. Nussinow sought a stay from Town Court and then County Court; County Court denied the request without reaching the merits and directed her to the proper appellate procedures. Nussinow appealed the Town Court orders to the Appellate Division, which dismissed the appeals for lack of appellate jurisdiction.