People v. Horvath

Appeal from an order of the County Court of Ulster County (Vogt, J.), entered December 14, 1993, which affirmed an order of the Village Court of the Village of Ellenville in favor of petitioner.

On August 6, 1993 a male Rottweiler dog owned by respondent, barking fiercely, broke loose from its chain and charged across the street toward two young children who were walking a small Pekinese dog on a leash. The unprovoked attack caused the children to flee in hysteria to safety, abandoning the Pekinese. The Rottweiler seized the small dog and mauled *928it to death. As a result of the attack, a…