News & Articles
Letter to the Editor
LETTERS TO THE EDITOR
(From the December 2013 Newsletter)
The following was received via e-mail to our Pro Bono Coordinator:
My girlfriend just handed me your article in the ACBA Newsletter and said you have to read this it's amazing you'll love it. That's exactly what I did. It brought tears to my eyes. I loved it and just wanted to say that is so wonderful to know that people like yourself and coworkers are out there. Thank you for all you do. Others may not e-mail you but I know they are feeling the same. You’re a wonderful person.
I know you will continue to help others and you’re so lucky that you’re in a position to do just that. You must feel very rewarded at times, especially with Pete. I hope you have the most wonderful Thanksgiving and thank you for sharing your story. You've touched people's hearts like mine.
Fondly, Samantha Adams
Dear ACBA Newsletter Editor:
I do enjoy Michael Friedman's critical views of our court system and I am happy he saw the justice in People v. Shanks, __ AD3d __ (3rd Dep't 2013). However, he failed to mention what is the most important aspect to this decision. Ghost, is an American Pitbull Terrier, a breed that has suffered from misunderstanding and exploitation over the last few decades in American society. In this case, Ghost's owner was walking him on a leash when a German Shepherd Dog (GSD) leashed to a porch railing broke loose and attacked Ghost. The two dogs got into it and unfortunately as is often the case, the pitbull took the blame when the GSD's owner filed a dangerous dog complaint. Apart from criticizing the obviously improper remarks of the Town Justice that Mr. Friedman identifies, the Appellate Division correctly applies the Agriculture & Markets Law Section 123 by finding that Ghost injured Ranger in defending himself and therefore did not fall under the definition of a dangerous dog. The court notes correctly that the Town Justice improperly found that Ghost was at fault due to his breed without any evidence of prior aggression. I too, like Mr. Friedman, commend Ghost's owner for stepping up and defending her dog - too many in similar situations give into the incorrect application of the Dangerous Dog Law in New York State (a good law by the way when correctly applied!)
Punish the Deed, not the Breed. Thank you Third Department!
Helene G. Goldberger, Berne, NY