Town of Ramapo v. Hi-Tor Animal Care Center, Inc.

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Country of Origin:  United States Court Name:  Justice Court: Town of Ramapo Date of Decision:  Judge Name:  Arnold P. Etelson Jurisdiction Level:  New York Judges:  Arnold P. Etelson Attorneys:  Michael L. Klein, Ramapo Town Attorney by Anita Conklin, Assistant Town attorney for petitioner

Tracy & Edwards, Esqs. for Respondent by Donald S. Tracy Esq.
Docket Num:  10050423

Summary: This court was asked to determine whether a dog shoul be declared dangerous pursuant to section 108 (24) (a) of the Agriculture and Markets Law. The case is unusual in one aspect as the respondent is an animal shelter and the alleged victim is an animal control officer from another township. The Justice Court found the shelter dog was not'Dangerous' pursuant to Agriculture and Markets Law. Interestingly, the court found the reasonable person standard in the statute to be problematic and in need of legislative amendment restoring in appropriate language the consideration of evidence of vicious propensity.

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