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PEOPLE v. SVEEN

79 Misc.2d 3 (1973)

The People of the State of New York, Respondent, v. Jessie Sveen, Appellant.

Supreme Court, Appellate Term, Second Department.

June 7, 1973

Attorney(s) appearing for the Case

William H. Baron for appellant. Oscar J. Bloom, Special Attorney for Town of Brookhaven, for respondent.

Concur — HOGAN, P. J., PITTONI and McCULLOUGH, JJ.

MEMORANDUM.

Order is unanimously reversed and the matter remanded to the court below for the purpose of entering an order in conformance with the Agriculture and Markets Law.

While the court was justified in determining the dog to be dangerous pursuant to section 116 of the Agriculture and Markets Law, said section requires that the order direct that the dog be killed immediately or that the owner securely confine...

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