Legal Question in Civil Litigation in New York

Animal Neglect

The SPCA has been here twice in 2 days, asking for documents and asking questions. I feel that they are going beyond their boundaries but am worried that they are going to win. I run a TB horse rescue and have many thin horses out in my pastures. A recent disgruntled boarder/business partner called the SPCA to report me for not providing for the horses. I have supplied all required documents but now the officer is asking for more and telling me that he will be back tomorrow. I am worried that they are going to confiscate some of the horses because of their poor condition since they took pictures today..but these horses have been here a short time and I am supplying, feed, hay, pasture, water and shelter. I am looking for advice on how to protect myself to avoid confiscation.


Asked on 8/19/08, 2:16 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Animal Neglect

Since you invited these individuals on your property and provided documentation, there is nothing illegal about the SPCA's actions. See, Hand v. Stray Haven Humane Soc. and S.P.C.A., Inc.

21 A.D.3d 626, 799 N.Y.S.2d 628 (3rd Dept. 2005).

However, to protect yourself you should have an attorney present during SPCA's investigation.

Mike.

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Answered on 8/19/08, 3:05 pm


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