In 2010, Suffolk County became the first county in New York State to require offenders convicted of animal abuse crimes to register with a database. The law requires that all convicted offenders 18 and older register with the database within five days of being sentenced or being released from incarceration. The law does not apply to juvenile offenders or to …
My Presentation on New York Farm Animal Welfare Law
This presentation was prepared for Lawline.com. I was originally scheduled to give this presentation last month but it is postponed to this afternoon. Your can register for the live webcast or order the recording via Lawline. This presentation discusses the national perspective of livestock animal cruelty law, New York farm animal welfare law, “cowboy” criminal procedure (discussing search and seizure) and …
Upcoming Webinar on New York Livestock Animal Welfare Law
I will be giving a Continuing Legal Education (“CLE”) webinar on New York farm animal welfare law through Lawline.com on Thursday, November 12, 2015 at 3:30 PM EST. The topics that will be covered are: • Overview of animal cruelty law in New York, including applicable statues and related case law; • Seizure of animals under these statues; • Criminal …
Panel Discussion on Sustainable Animal Agriculture
Busy month with speaking engagements! I will be heading down to the Lone Star state to moderate a panel at the 2015 Texas A & M Law School Law Review “Farm to Table Symposium” on sustainable animal agriculture in Ft. Worth Texas. Panelists include Dr. Shannon Ferrell, Beth Rumley, and Jim Bradbury. For those of you who are in Texas or …
NY Animal Law: Pet Ownership Case in Bronx
As a follow up to my first blog about pet custody/ownership, I wanted to discuss a recent case from the Bronx Civil Court, Ramseur v. Askins, 44 Misc.3d (Civil Court Bronx, 2014), an action for replevin of a shih tzu named Deva. The court’s decision mimics the general standard for pet custody cases in New York: the best interest for …
My “Ag Gag” Law Presentation Focusing on Preventative Practices for Farms
I had the opportunity to speak on “Ag Gag” Legislation this past week before the New York State Bar Association’s Committee on Animals and the Law. My presentation focused on procedures for farms to help prevent a problem with undercover surveillance from employees. You can view my presentation below and my handout giving an overview of the laws here. [slideshare id=46222274&doc=aggag-150324092612-conversion-gate01]
NY Animal Law: Horse Transportation
There are a statutory provisions in the New York Agric. & Mtks Act specific to horse breeders. Under Section 359-a(1), every vehicle utilized for the transportation of more than six horses shall meet the following requirements: The interiors of compartments containing horses shall be constructed of smooth materials, containing no sharp objects or protrusions which are hazardous; The floors shall …
My Outline on “Ag Gag” Law & Pending Legislation
My presentation on “Ag Gag” Law with the New York State Bar Association’s (“NYSBA”) Committee on Animals and the Law was postponed due to a snowstorm (I did enjoy sledding though). Please stay tuned for the date and time. I have posted my outline giving a general overview of current and pending legislation on my JD Supra page here.
Presenting on “Ag Gag” at the New York State Bar Association Annual Meeting
I will be talking about “ag gag” laws next month at the New York State Bar Association (“NYSBA”) Committee on Animals and the Law (“CAL”) on January 28, 2015 at 1pm. I have been charged with the the responsibility of speaking from the perspective of the livestock producer. I will be giving an overview of “ag gag” laws and pending …
Keep Your Pets in Mind with Your Estate Plan
Farms and pets go hand-in-hand. There are three vehicles that can be used to protect your pets (including horses) after you die: 1) Last Will and Testament, 2) Pet Trusts, and 3) Pet Protection Agreement. Last Will and Testament: In New York, pets are considered personal property like a car or a diamond ring. It should be noted that wills …
When a Couple Calls it Splitzo, Who Gets Custody of the Dog?
In young couples and/or childless couples, custody of pets has been a sore subject that has come up in my practice. Pets are interesting because they are not children, but they are not exactly purely personal property either. Custody over a mini dachshund named Joey was at issue in the interesting case of Travis v. Murray, 42 Misc.3d 447 (Sup. …
Upcoming Animal Welfare Law CLE with the National Agriculture Law Center
For those of you who won’t be attending the live webinar on renewable energy law for the agriculture industry on October 10 at 1pm ET, the National Agricultural Law Center and the American Agricultural Law Association will co-sponsor a webinar titled, Enforcing Animal Welfare Laws: Whose Job Is It Anyway? The program will address the authority of private citizens to …