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Tuesday, May 21, 2013
Canajoharie, NY ,
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Owner wants retribution for injuries to dog

Thursday, January 03, 2013 - Updated: 9:10 AM

By JOSHUA THOMAS

C-S-E Editor

MINDEN — During the Minden Town Board’s December meeting, the council was approached by a resident requesting retribution for a dog-related incident within the town.

On October 25, Minden resident Michael Smith’s dog, which was tied outside on his property, escaped. On October 26, Minden Dog Control Officer James Brownell picked up the loose dog.

The dog was transported to the Fort Plain Animal Hospital, and then to the Ayres Memorial Animal Shelter. Smith soon tracked his dog down after seeing a photo on the animal shelter’s website. Upon picking up his dog, Smith noticed that it was injured. He noted that the Ayres Animal Shelter staff was unaware of the cause of the dog’s injuries.

“On Nov. 1, I took the dog back to the vet because it was getting worse,” stated Smith. After x-rays were performed, the dog was found to have a fractured pelvis, along with severe road rash and other minor cuts and bruises.

Smith alleged that he then heard “through the grapevine”, “what really happened to the dog,” leading him to approach Brownell. During a conversation with Brownell, Smith learned that the dog had fallen from the back of the vehicle it was being transported in.

Smith explained that he contacted the SPCA and NY Ag and Markets, and was informed that the town is responsible for the dog for five days after pick-up, after which time they have the right to put the animal up for adoption or have it euthanized.

Smith then approached Super-visor Thomas Quackenbush, wondering if the town of Minden should be responsible for the $325 vet bill, as the dog was injured while in the town’s possession.

Smith alleged that he’s heard nothing in the six weeks since that conversation took place.

Smith said that he feels the town of Minden is responsible not only for that bill, but also for followup care. “I’m quite upset with how the whole matter was handled,” said Smith.

Quackenbush noted that he looked to the council for advice, along with Attorney John Kirkpatrick, who, at the meeting, commented that he’d prefer not to discuss the issue publicly. For that reason, Quackenbush called an executive session following the regular meeting.

Before the public discussion concluded, Quackenbush stated that “If the town of Minden is responsible, I have no problem paying the bill.” He also questioned whether the dog was licensed at the time of the incident. While Smith admitted that it wasn’t, to which Quackenbush asked, “Because it’s not licensed, where does our liability stop and start?”, he did state that he doesn’t feel the situation should be handled any differently than if the dog were licensed, as he feels that the dog control officer, acting as a town of Minden official, utilizing their equipment, should responsibly care for any animal he picks up, licensed or unlicensed.

The board made no decision regarding the requested restitution during the executive session.

After refusing to come to an agreement during the regular meeting over whether to approve a proposed one-year fire contract between the Fort Plain Volunteer Fire Department and the town of Minden, the group re-convened and decided to approve the contract for the requested amount of $34,500.

     

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