JOHNSON v. ANIMAL CARE CTR.


192 Misc.2d 210 (2002)

745 N.Y.S.2d 890

GREGORY JOHNSON, Petitioner, v. CENTER FOR ANIMAL CARE AND CONTROL, INC., Respondent.

Supreme Court, Kings County.

July 10, 2002.


Attorney(s) appearing for the Case

Goldberg & Scudieri, P.C., New York City (Paul S. Block of counsel), for petitioner.

Finder, Cuomo & Adler, LLP, New York City (Patrick W. McGinley of counsel), and Michael A. Cardozo, Corporation Counsel (Louise A. Moed of counsel), for respondent.


OPINION OF THE COURT

HERBERT KRAMER, J.

Can New York City make a law requiring the sterilization of all dogs that fall into the hands of the dog catcher without offending the Constitution?

When, in mid-March of this year, the city marshal executed an order of eviction, he found plaintiff's two male Rottweiler puppies and turned them over to the defendant's shelter. When plaintiff attempted to regain possession of his two dogs, he was informed that...

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