Citation Numbers: 190 Misc. 536
Judges: Wenzel
Filed Date: 8/20/1947
Status: Precedential
Modified Date: 1/12/2023
This is an application for an order restraining Harry Terry, Esq., Justice of the Peace of the Town of South-old, from “ taking any further proceedings on the order entered in July 25, 1947, in the matter entitled, * People ex rel Lillian Butzler vs. Leonard M. Vail.’ ”
On information filed by complainant, a summons was issued and served on the defendant charging him with “ harboring a vicious dog.” On the 25th day of July, 1947, a hearing was had with the usual lack of formality existing in most hearings, in the Justice of the Peace courts of this State, and the petitioner was apparently found guilty as charged, though no specific formal finding to that effect is disclosed in the record. It is conceded by both sides that this was a proceeding under section 116 of the Agriculture and Markets Law. The petitioner contends that this section is inapplicable, and that no proof of a violation of the same was established.
The first paragraph of the section concerns itself with an attack by a dog upon “ a person ”, and the balance thereof, with an attack upon “ any domestic animal, as defined in section one hundred and seven of this chapter ”. The words
Motion granted.