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Case ID: 12216
Classification: Neglect / Abandonment
Animal: dog (non pit-bull)
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Dog severely neglected, emaciated
Bayville, NY (US)

Incident Date: Tuesday, Jul 31, 2007
County: Nassau

Charges: Misdemeanor, Felony CTA
Disposition: Alleged

Alleged:
» Silvana Gamen Milito
» Giuseppe Milito

Two Bayville residents were arrested and charged with animal cruelty after an SPCA officer, responding to their home on a complaint, discovered their white German pointer was starving and rife with disease, the Nassau police said.

The SPCA officer, Jason Pasternack, persuaded the owners to bring the dog to a veterinarian whose examination showed that "the animal's condition (emaciated, worms, pyometra, seizures) was due to the depraved indifference from gross negligence on the owners' part," the Nassau police said.

Based on the veterinary evaluation, the SPCA officer seized the dog and placed it in the care of the veterinarian, Mario Vezza, in Roslyn.

The owners of the dog, Silvana Gamen Milito, 53, and Giuseppe Milito, 49, of 35 June Ave. in Bayville, were arrested on Aug 30 at the Second Precinct and charged with aggravated cruelty to animals, a felony; and torturing an animal, a misdemeanor.

The animal was discovered on July 31 when Pasternack responded to a complaint of a sick animal at the June Avenue address. The officer arranged to have the dog brought to Vezza.

At the time of the vet's first evaluation, the dog weighed only 23 pounds, and as of Thursday, after one month of treatment and nurturing, "the dog has started eating and has gained thirteen pounds under Dr. Vezza's care," a Nassau police report said.

State law describes animal torture or animal cruelty as "every act, omission, or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted."

And state law says "a person is guilty of aggravated cruelty to animals when, with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty."

Aggravated cruelty is defined as "conduct which: (I) is intended to cause extreme physical pain; or (ii) is done or carried out in an especially depraved or sadistic manner."

References

« NY State Animal Cruelty Map
« More cases in Nassau County, NY

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