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Case of possible animal neglect will go to court

ROOT -- Animal activists will be in court Tuesday to ask a judge to take action against a dog breeder they believe is violating the law.

State Police and a veterinarian went to Flat Creek Border Collie several times this month and found no violations of state law or local codes.

The Owner of the kennel has provided shelter, food and heated water as required.  The New York State Police are continuing to monitor the health and well-being of the dogs and are consulting with local animal welfare authorities as appropriate, said Maj. Steven James with the NYSP in an emailed statement.

Several people have called police and public officials to report inadequate shelter and malnourished dogs.

Maybe it lives up to the tip, the very tip of the letter of the law. They have shelter, they have water, but it's 19 degrees below zero out there. It's been below zero for days now. How many people put dogs in a plastic tube and keep them outside? questioned Asm. Jim Tedisco (R) Glenville.

Lawyers for animal activists are challenging the investigation conducted by police and are requesting the dogs be removed from the property. The group is also asking the court to force State Police to enforce certain provisions of an agricultural law.

I guess if you put a blindfold over your eyes and put your fingers in your ears and don't look, then everything is ok. If you read the law and have respect for what the legislature demands then the police are either incompetent or lying, said Richard Rosenthal, general counsel for The Lexus Project.

A bill passed by the assembly and senate would allow local lawmakers to create more stringent animal laws, but it is currently awaiting the signature of Governor Cuomo. Legislators who supported it said it could have made a difference in this case.

Morally and ethically it's a terrible situation for those animals and we're calling on the elimination of those dogs being out in plastic sheds in the middle of winter, said Tedisco. We're calling on the governor to sign that bill and if he doesn't, Im going to call on my colleagues to override his veto.

The proceedings will take place at 1 p.m. in a Montgomery County Supreme Court.