Appeal by defendants from orders of the District Court, Suffolk County (P. Hensley, J), dated September 26, 2002, which, after a hearing, declared defendants' dogs to be dangerous and ordered the destruction of the male dog and the confinement of the female dog.

Order directing the destruction of the male dog dated September 26, 2002, unanimously affirmed without costs.

Order directing confinement of the female dog dated September 26, 2002, unanimously reversed without costs and proceeding dismissed as to said dog.

The lower court's finding that the male dog was dangerous was supported by a fair preponderance of the credible evidence and its determination with respect to said dog should not be disturbed on appeal (see People v Horvath, 205 AD2d 927 [1994]). However, the finding by the lower court that the female dog was dangerous (Agriculture and Markets Law § 121) was not supported by the record. The evidence failed to establish that the female dog attacked the victim. Inasmuch as the order directing confinement of the female dog was not warranted, said order is reversed and the proceeding dismissed as to said dog.
Decision Date: March 04, 2004