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MATTER OF STRAY FROM HEART, INC. v. DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF CITY OF NEW YORK

4503N, 100180/09.

83 A.D.3d 521 (2011)

921 N.Y.S.2d 239

In the Matter of STRAY FROM THE HEART, INC., Respondent, v. DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF THE CITY OF NEW YORK et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 19, 2011.

Petitioner asserts that respondents' failure to provide full-service shelters as required by Administrative Code § 17-803 "impermissibly overburdens the . . . animal rescue and foster organizations of New York City," such as itself, which provide the otherwise unavailable services at extra cost to themselves. As the primary purpose of the Act is to protect the public health by addressing the overpopulation of "unwanted dogs...

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