
    George Tsahalis, Appellant, v. American Society for the Prevention of Cruelty to Animals et al., Respondents.
    Supreme Court, Appellate Term, First Department,
    June 20, 1946.
    
      Gustave A. Gerber for appellant.
    
      John J. Bennett, Corporation Counsel (Seymour B. Quel and Samuel D. Johnson of counsel), for the Department of Health of the City of New York, respondent.
    
      Howard B. Nichols for American Society for the Prevention of Cruelty to Animals, respondent.
   Per Curiam.

Memorandum The order appealed from should be affirmed, with $10 costs, solely on the ground that, as between the owner of a dog and the municipal authorities, there is only a qualified property right and, accordingly, a qualified right of possession and not the immediate, exclusive right of possession required in replevin.

Shientag, McLaughlin and Hecht,JJ., concur.

Order affirmed.  