After its dogs – Owyn and Luna – were declared “dangerous” under state law [Agriculture and Markets Law § 123], and ordered to be ‘humanely euthanized,” S* B* Center filed an appeal.
And on its review, the Appellate Term, Second Department, noted that the record evinced that the dogs had caused a person serious physical injury -- which included puncture and bite wounds, broken ribs, brain bleeding, and a heart attack. Additionally, the dogs killed the victim's daughter's dog during the same incident.
While the Center didn't challenge the “dangerous dogs” classification, it contested the finding of serious physical injury and the order for humane euthanasia issued by the Justice Court of the Town of Mount Pleasant (Westchester County).
But the AT2 thought that, particularly in light of nature and extent of the victim's injuries, the record fully supported the lower court’s determination. It also concluded that “humane euthanasia” was “the most appropriate remedy” under the circumstances and affirmed the outcome in all respects.
I don’t know about you, but I’m certainly dog-tired of that.
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DECISION