New York

Displaying 51 - 60 of 197
Titlesort ascending Summary
People v. Arcidicono


The court held the bailee of a horse liable for failing to provide necessary sustenance to the horse, even though the owner of the horses had refused to pay for the necessary feed.

 

People v Arcidicono


The defendant was properly convicted of cruelty when a horse in his custody and care had to be destroyed due to malnutrition. The defendant was in charge of feeding the gelding, and was aware of his loss of weight. He knew the diet was inadequate but failed to provide more food. The defendant was guilty of violating Agriculture and Markets Law § 353 for failing to provide proper sustenance to the horse. 

People of the State of New York v. Mary Dawn Sitors This action is an appeal from dismissal of criminal charges against a woman accused of acts of cruelty on her horses. The Town Court dismissed the criminal charges, finding that since the Catskill Animal Sanctuary's petition seeking the posting of security to care for the horses was dismissed (which had a lower standard of proof than in a criminal action), this necessarily meant it would be impossible to obtain a criminal conviction under the higher standard. Essentially, the Town Court's decision reflected a determination that one cannot violate New York's state cruelty law unless the animal dies due to lack of sustenance or care. The County Court found this reasoning erroneous; a violation under the law occurs when one fails to provide necessary sustenance, not only those acts or omissions that result in an animal's death. The criminal actions were thus, reinstated against defendant.
People ex rel. Nonhuman Rights Project, Inc. v. Lavery This case is an appeal from a Supreme Court judgment denying petitioner's application for an order to show cause to commence a CPLR article 70 proceeding. At issue is the legal status of a chimpanzee named Tommy who is being kept on respondents' property. Petitioners filed a habeas corpus proceeding pursuant to CPLR article 70 on the ground that Tommy was being unlawfully detained by respondents. They offered support via affidavits of experts that chimpanzee have the requisite characteristics sufficient for a court to consider them "persons" to obtain personal autonomy and freedom from unlawful detention. The Court of Appeals here is presented with the novel question on whether a chimpanzee is a legal person entitled to the rights and protections afforded by the writ of habeas corpus. In rejecting this designation, the Court relied on the fact that chimpanzees cannot bear any legal responsibilities or social duties. As such, the Court found it "inappropriate to confer upon chimpanzees the legal rights . . . that have been afforded to human beings."
Panattieri v. City of New York

Ceasar, a mixed breed dog, was seized by police after he killed another dog and injured the other dogs’ owner. Petitioners, Kristina & Douglas Panattieri, owned Ceasar and demanded his return to their custody. They also challenged the determination by Respondent, Department of Health & Mental Hygiene (DOHMH), to execute Ceasar pursuant to the New York City Health Code (24 RCNY) § 161.07. The Petitioners argued that Ceasar’s execution would be unconstitutional under the City Code because it was preempted by the state statute, Agriculture & Markets Law § 123.The Supreme Court, New York County, denied their petition and held that the New York City Health Code was not preempted by the state statute. The Court reasoned that the Agriculture and Markets Law § 107(5), which governed licensing, identification, and control of dogs, expressly allowed municipalities to enact their own Codes governing dangerous dogs. However the City Codes were to incorporate standards that were as or more protective of public health and safety than those set forth in the state statute. The New York City Code met the requirement and was therefore not preempted by state law.

Overview of New York Great Ape Laws This is a short overview of New York Great Ape law.
O'Rourke v. American Kennels (Unpublished Disposition)


In this highly entertaining Small Claims case, claimant seeks to recover the purchase price of her dog, Little Miss Muffet. The issue presented, in large part, concerns the dog's weight. Claimant contends that Muffet was supposed to be a "teacup dog." At eight pounds, she is well above the five pounds that is considered the weight limit for a "teacup" Maltese. Plaintiff paid an additional $1,000 above the standard $1,500 to purchase the smaller variety of Maltese. Plaintiff was awarded the differential in price, but not veterinary fees for a knee condition that developed after the warranty protections expired in the purchase agreement. 

NY - Wildlife, Exotics - Title 1. Short Title; Definitions; General Provisions

This set of statutes represents the definitional portion of New York's Fish and Wildlife Law. Among the provisions include definitions for game and non-game, a definition for "wild animal," which includes big cats, non-domesticated dogs, bears, and venomous reptiles, and the state's hunter harassment law. The section also provides that the State of New York owns all fish, game, wildlife, shellfish, crustacea and protected insects in the state, except those legally acquired and held in private ownership.

NY - Wild Animals - § 11-0512. Possession, sale, barter, transfer, exchange and import

This section provides that no person shall knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York state, except that any person who possessed a wild animal for use as a pet at the time that this section went effect may retain possession of such animal for the remainder of its life. Certain other entities are also excepted from this ban.

NY - Wild animal, possession - Part 820. Required Annual Reporting of the Presence of Wild Animals


This set of New York regulations provides a form for individuals keeping wild animals to report with the city, town or village clerk within whose jurisdiction the animal is owned, possessed or harbored, on or before April 1st of each year. General Municipal Law (GML), section 209-cc requires the State Fire Administrator, in consultation with the Department of Environmental Conservation, to develop and maintain a list of the common names of wild animals that are reported annually to local authorities.

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