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Shelters - Reimbursement

Ayres Memorial Animal Shelter, Inc. v. Montgomery County Society for the Prevention of Cruelty to Animals, 37 A.D.3d 884, 828 N.Y.S.2d 726, 2007 N.Y. Slip Op. 00706 (3 Dept., 2007)

Under a contract with the Town of Root, Plaintiff was required to shelter animals seized within the Town.  Approximately 20 animals were brought to Plaintiff’s animal shelter.  Defendants who participated in the raid seizing the animals denied Plaintiff’s requests to take some of the animals or to reimburse the Plaintiff for their care.  Plaintiff brought an action for reimbursement for costs to care for the animals that continued to be kept at their shelter.  The Supreme Court granted Defendant’s motion for a directed verdict, which the Appellate Division affirmed. 

Plaintiff asserted that Agriculture and Markets Law §373(4) authorized reimbursement from the Defendant, not just the owners of the animals since it stated that “…all necessary expenses incurred in taking charge of such property shall be a charge thereon.” Since that refers to the society or police department that organized the seizure, and thus the agency that assumes custody had a cause of action against the organizers.  The Court disagreed finding that the statute only permitted recovery against the person arrested who is in charge of the animal.  Reading Section 4 in conjunction with Section 6 of the statute, where an impounding organization can file a petition requesting reimbursement from the owner or person in charge of the animal, it was evident that there was a mechanism created by the Legislature to provide for reimbursement of costs. 

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