New York

Summary: This court was asked to determine whether a dog shoul be declared dangerous pursuant to section 108 (24) (a) of the Agriculture and Markets Law. The case is unusual in one aspect as the respondent is an animal shelter and the alleged victim is an animal control officer from another township. The Justice Court found the shelter dog was not 'Dangerous' pursuant to Agriculture and Markets Law. Interestingly, the court found the reasonable person standard in the statute to be problematic and in need of legislative amendment restoring in appropriate language the consideration of evidence of vicious propensity.

Summary: Co-executor of an estate petitioned the Westchester County Surrogate's Court for a decree in accordance with EPTL 7–8.1[d] reducing the amount of money to be transferred from the estate to the trustees of a testamentary pet trust established under the decedent's will. Since the decedent gave very specific instructions as to how she wanted her cats to be cared for and the petition was in opposition to the decedent’s wishes, the court denied the reduction.

Summary: This New York statute provides that a town board after a public hearing may enact, amend and repeal ordinances, rules and regulations not inconsistent with law, including the restraining of the running at large of horses, cattle, sheep, unmuzzled dogs, whether licensed or not, and those authorizing the impounding and sale of the same for the costs of keeping, proceedings and penalty, or the killing of unmuzzled dogs.  It also provides that towns may enact ordinances promoting the health, safety, morals or general welfare of the community, as long they are not inconsistent with existing law.

Summary: The state racing and wagering board issues licenses to owners, trainers, assistant trainers and jockeys, jockey agents, and stable employees for horse races, including steeplechases.

Summary: This section comprises New York's Lost and Found Property provisions.

Summary: The following statutes comprise the state's relevant assistance animal and guide dog laws.

Summary: Under this New York statute, a disabled person whose guide, hearing or service dog is injured due to the negligence of the owner of another dog in handling that other dog may recover damages from the owner or custodian of the non-guide guide dog.  These damages include veterinarian fees, replacement or retraining costs for the guide dog, lost wages, or damages for loss of mobility during retraining or replacement of the dog.

Summary: New York state law requires anyone in possession of dangerous dogs and dangerous wild animals (which include non-human primates, non-domesticated dogs and cats, bears, venomous, constrictors and python snakes, and certain crocodiles) to report the presence of that animal to the clerk of the city, town, or village in which the animal resides. The report must be filed by April 1st every year and must list all of the physical locations where the animal may be kept. The clerk must then notify all local police, fire, and emergency medical service departments of the presence of that animal. Any person who fails to report the presence may be fined up to $250 dollars for the first offense and $1,000 dollars for each subsequent offense. Zoos and other U.S. Department of Agriculture-licensed exhibitors are exempt from the reporting requirement.

Summary: This New York statute provides that a municipality may by local law or ordinance provide that stray or unwanted dogs be given to an agency which trains seeing eye dogs or to a police department which trains dogs as guards.  These agencies can requisition dogs that are awaiting destruction so long as five days have elapsed since the dog was impounded.  Licensed dogs surrendered to the municipality or an animal shelter shall not be requisitioned without the written consent of the owner obtained at the time of the surrender.

Summary: This New York statute provides that a trust for the care of a designated domestic or pet animal is valid.  Such trust shall terminate when the living animal beneficiary or beneficiaries of such trust are no longer alive.  Upon termination, the trustee shall transfer the unexpended trust property as directed in the trust instrument or, if there are no such directions in the trust instrument, the property shall pass to the estate of the grantor.  A court may reduce the amount of the property transferred if it determines that amount substantially exceeds the amount required for the intended use.