Bay Shore, NY asked in Animal / Dog Law for New York

Q: My son who is a police office rescued a dog from the police station who was brought in after being left outside on

a city street tied to a bike rack for four hours while it was snowing out. Neighbors contacted the police and provided the identity of the supposed owner of the dog. The supposed owner came to the police station and signed the dog over to my son and provided the original owner who is supposed owners friend gave supposed owner the dog because friend could no longer have the dog. We have had the dog for 4 months now and the supposed owners friend contacted the police station & my son looking for the dog back. Never mind we have grown close to the dog and he has become one of the family we have also spent 1,000.00 in Vet bills not to mention feeding a 100 lb dog for 4 months. Are we obligated to give the dog back to the person who is now claiming to be the owner of the dog? In addition the now owner of the dog has asked us to keep the dog for another two weeks until he is able to come and retrieve the dog. I only want to give the dog back if I legally have to.

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1 Lawyer Answer
Benjamin Z. Katz
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Answered

A: The law still treats dogs and other pets as property. However, there has been a recent trend to weigh property rights against what is in the best interests of the pet. If this person can establish ownership in the first place, it can be argued that he abandoned his rights or otherwise transferred them. In my experience, these types of cases are very fact sensitive and you should consult with an attorney familiar with this area of the law.

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