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Smithtown settles suit over girl hurt by rooster

This is Smithtown Town Hall in an undated

This is Smithtown Town Hall in an undated photo. Credit: Erin Geismar

Smithtown Town Board members voted 5-0 Tuesday to approve a $20,000 settlement in a lawsuit brought by the family of a girl who was injured by a rooster at Hoyt Farm Nature Preserve.

The suit was brought by Nicholas Weiss and his daughter, Kaylie, against the Town of Smithtown and the preserve, which the town operates, stemming from a September 2011 incident, said Smithtown Town Attorney Matthew Jakubowski.

“She was injured by a rooster,” he said. “We have the petting zoo down there.”

The rooster jumped at Kaylie, whose age Jakubowski declined to specify beyond saying she was under 18, and caused lacerations to her face.

Jakubowski said it was an “isolated” incident, but that the rooster was removed from the petting zoo portion of the preserve. The petting zoo is still in operation, he added.

The settlement is subject to a Supreme Court Infant Compromise Order, said Jakubowski, which means that the judge must decide whether to approve the settlement.

An attorney representing the Weiss family from the Medford-based Jacoby & Jacoby was not immediately available for comment.

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