Clifton Park, NY asked in Animal / Dog Law for New York

Q: My pets are being withheld from me. Would law enforcement be able to escort me and enforce the return of my pets?

1. I live in upstate NY, Saratoga county.

2. The pets involved are two cats and one dog

3. I have vet records, a dog license, dog tag, veterinary invoices, and pet prescriptions all reflecting my name and paid in full by myself

4. Ownership was transferred over to myself at the end of May 2022 because the owner (my father) passed away at the beginning of May

5. My mother refuses to let me take the animals and the locks on her house are all changed so I have no access in the house unless she invites me in when she is home

6. Vet records prove that both my mother and father (when he was alive) neglected to keep up on the animals health checks and shots

7. I lived through neglect in regards to yearly flea infestations. Not only do the animals and house get infested yearly but when I was living there I did as well. I have photo evidence of flea bites from my feet to my ribs. This has also been documented by my doctor

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1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
  • New York, NY
  • Licensed in New York

A: Dear Clifton Park Resident:

The animals sound neglected and in danger from your mother's lack of care. How did the dogs and cats end up back in your mother's house after you had the animals at the Vet? If you wanted to involve the police what held you back? If you want to report your mother to the local Humane Society, what kept you from doing so? You may not have any option other than police or seizure by the animal control officer. A lawsuit for Replevin will require an attorney. [].

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