Wickham v. Newkirk

This is an article 78 CPLR proceeding which seeks to compel the Town Clerk of iSaugerties, New York, to issue dog licenses as required :by the provisions of article 7 of the Agriculture and Markets Law.

Respondent resists on the ground that a local "ordinance, adopted June 1, 1968, prohibits the issuance of dog licenses *869without proof by the owner that the dog has been vaccinated against rabies. It is the position of respondent that such an ordinance is consistent with the permissive local regulation authorized by section Í26 of the Agriculture and Markets Law. This position is untenable.

Section…