Q: Can one NY spouse abandon a "family" dog at a shelter without the other spouse's consent?
A NY wife abandoned her 2 dogs at a shelter with a note indicating an intent to not reclaim them. The dogs were taken in and subsequently adopted. Shortly thereafter the abandoner called the shelter to ask who had adopted them. The shelter refused to say. The shelter then realized that one of the dogs had been adopted by a relative of the abandoner. When contacted by the shelter, the adopter admitted he intended to return the dog to the abandoner. He was told to return the dog to the shelter, as he had violated the terms of the adoption contract. He did so. Two additional friends of the wife contacted the shelter trying to adopt the dogs. Then, another individual (an attorney) contacted the shelter to say that the husband was "out of the country and didn't know the dogs were surrendered" and that unless the dogs were returned, she would file an action for replevin. Does the shelter have to return the dogs? Can find no evidence anywhere that the husband exists or lives with the dogs.
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