A GROUP of animal rescuers has sued the city Health Department for breaking its own law by failing to provide animal shelters in all five boroughs.

The nonprofit group Stray from the Heart said the city's neglect has resulted in the "needless suffering and death" of homeless cats and dogs.

"Homeless dogs have been dying in unconscionable numbers because the Department of Health and Mental Hygiene has not provided the shelter space required by statute," the group charged in a lawsuit filed earlier this month.

The law, enacted in 2000, required full-service shelters in all five boroughs by 2002. It was then amended to give the city an additional four years.

While Manhattan, Brooklyn and Staten Island have shelters, Queens and the Bronx have only small, part-time receiving centers for people to drop off stray animals.

The facilities that do exist are severely overcrowded and disease-ridden, the lawsuit charges.

"City law clearly requires a full-service shelter in each of the five boroughs, which accepts animals 24 hours each day, offers adoption services seven days a week and offers sterilization services," said Carly Henek, a lawyer with Kay Scholer LLP, which is representing the plaintiff. "None of the three shelters and two receiving centers currently comply with these requirements," she said.

But the Health Department, which contracts with the nonprofit New York City Animal Care and Control, said all the sites provide vital services.

"At each of these facilities, the Animal Care and Control provides care to abandoned animals and works to find homes for the more than 43,000 animals rescued in New York City each year," the Health Department said in a statement. "The city continues to search for a suitable location for an expanded facility in Queens, while continuing to acquire a property in the Bronx."

The selection of the Bronx site, a former library space on Bainbridge Ave., has riled some local leaders who want to use it as a community center.

Stray from the Heart, which facilitates the adoption of animals from city shelters, said in the suit that the lack of proper services has put a greater strain on small rescue groups.

As part of the lawsuit, the group is seeking at least $400,000 in damages.

Many of the dogs the group pulls from AC&C shelters have upper respiratory infections and need expensive treatment and boarding before they can be adopted, according to the group.

The case is expected to go before a Manhattan judge in early February.

lcolangelo@nydailynews.com

Dear Friend of Animals,

12 of us showed up at yesterday's at Bronx criminal court for the appearance of Alexander and Estephane and his cohorts who were busted in June 2008 in the middle of a basement dog fight with 40-50 people betting. I stayed an extra two hours to see the entire criminal court file to find out his address and other details. Alexander was the organizer of the dog fight. The fact that so many people were betting on the dog fights means that his entire neighborhood was in on the regular fights in his basement as a sort of "casino" where they bet on the pit fights instead of playing lotto. Indeed, two of his neighbors, Robinson Fernandez and Francisca Suarez, stated in the NY Daily News article that they "suspected blood sports" because the 14 dogs were always outdoors and in terrible condition and bloody. This means that the neighbors intentionally did not report the dog fighting and were perhaps even spectator participants. Indeed, it was an out of state law enforcement tip which led to the bust as it was going on.

Even if Alexander and his cohorts get convicted of a felony this neighborhood is guaranteed to have one of the 40-50 spectators step in to take over organizing the dog fights, since it is a way of making money. We can prevent this from re-occurring in this dog fighting infested neighborhood by putting up the $5000 poster all over this neighborhood. People who may otherwise go to the dog fights to make money will instead call to get the $5 K.

A picture of Alexander is attached below. We called him and his cohorts every name in the book in front of the courthouse both when he went in and when he came out. We watched him and his 4 co-defendants in front of the judge squirming. Motions have been made and answers to the motions have to still be filed. This case will probably not go to trial for many months still.

The next appearance date is March 20 at 9 AM at 215 East 161 St. It was Sir Edmund Burke who said "all that evil needs to succeed is for good men to stand by and do nothing." Will you stand by or will you join us on March 20?