Opinion
April 14, 1986
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Judgment affirmed, with costs.
Special Term did not abuse its discretion in granting the plaintiffs relief since the determination of the Commissioner of the Department of Health Services of the County of Suffolk ordering the abatement of the public nuisance (see, Fahle v County of Suffolk, 119 A.D.2d 628) was not completely complied with. The Commissioner and his agents were authorized by statute to enter the defendants' property and remove the dogs, so as to abate the nuisance caused by these dogs on the property, resulting from, inter alia, the inadequate sanitary facilities for them (Public Health Law § 1305). Weinstein, J.P., Rubin, Eiber and Spatt, JJ., concur.