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(Download) "County Nassau v. Town Hempstead" by Supreme Court of New York * eBook PDF Kindle ePub Free

County Nassau v. Town Hempstead

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eBook details

  • Title: County Nassau v. Town Hempstead
  • Author : Supreme Court of New York
  • Release Date : January 19, 1981
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

Submission of a controversy pursuant to CPLR 3222, inter alia, to determine which municipal corporation, the plaintiff County of Nassau or the defendant Town of Hempstead, is to recover moneys collected from dog redemptions and sales of seized dogs within the geographic sphere of the town since on or about March 22, 1957 until January 1, 1980. Judgment is directed in favor of the plaintiff declaring that the county is entitled to receive the moneys in question. The Town of Hempstead is directed to submit an accurate accounting of all moneys due the county treasurer for the period in question. Such accounting shall be followed by prompt payment. The accounting shall be submitted within 30 days after service upon the town of a copy of the order to be made hereon, with notice of entry. No costs are awarded. Article 7 of the Agriculture and Markets Law pertains to the licensing and control of dogs by certain municipalities. Until the revision of article 7 effective January 1, 1980 (L 1978, ch 220, as amd), section 126 of the Agriculture and Markets Law provided that "[any] * * * town * * * may impose restrictions not inconsistent with the provisions of this article upon the keeping and running at large of dogs, whether licensed or not, within such * * * town * * * and may impose penalties for violation of such restrictions". Subdivision 1 of section 114-a of the Agriculture and Markets Law provided for the seizure and handling of unleashed dogs in "any * * * town * * * in which an ordinance has been adopted requiring all dogs to be restrained by a leash while off the owners [84 A.D.2d 557 Page 558]


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