Lawyers Discuss Current State of Animal Laws

A dozen local lawyers formed a panel at the Nassau County Bar Association Monday night to discuss the current state of animal laws.

Maureen Rothschild DiTata, who practices in Garden City at Berwitz and DiTata, LLP, spoke about recent laws that some panelists said had lawmakers falling out of their seats laughing just a few years ago.

"We can think ahead and plan ahead to care for our pets," by creating a pet trust, said DiTata. This would allow another person, designated by the pet owner, to have control over the pet should the owner die or become incapacitated, or the owner can choose to have the pet put up for adoption.

This situation would give a person the power of attorney more commonly used to handle property, banking and bill pay, among other issues.

"We may outlive our pets," said DiTata. "But they might outlive us."

Another popular topic lawyers discussed was the prosecution and defense in dangerous dog proceedings. Brad Regenbogen, deputy attorney for the Town of Hempstead, said that an unjustified attack by a dog can result in a number of punitive measures for the dog or owner.

Consequences range from muzzling and leashing the dog when that dog is outside to what Regenbogen called "humane euthanasia" if the dog were to cause serious injury. Serious injury is classified as "substantial disfigurement or impairment" caused by an attack.

Maureen Gest of Bethpage said that pet owners needed to know their rights, as a given municipality has the ability to take away a dog from an owner in the event of a serious attack.

"You don't have much time to prepare," said Gest.  "The law is not simple."

Christopher McGrath of Sullivan Papain Block McGrath and Cannavo, PC in Mineola, added: "There's always a neighbor on your block or a tenant in your building that hates your dog."

If a person who is familiar with the dog knows that it has exhibited what McGrath calls "vicious propensities," pet owners could face more trouble in court.

McGrath encouraged pet owners to be careful about displaying "Beware of Dog" or "Guard Dog" signs, as these make it easier to show that an owner knew the dog may exhibit aggressive behavior.

"Any lawyer that loses a 'guard dog' case shouldn't be a lawyer anymore," said McGrath.

Elinor Molbegott of East Williston discussed how often times new pet owners misinterpret pet lemon laws. Molbegott said that owners have called about returning a dog due to sickness up to two years after purchasing the dog, when the lemon law no longer had any effect.

An owner must act within 14 days of sale and get veterinary certification that the dog was unfit for sale in order to exchange or receive a refund for the pet.