New York Laws
Article 26 - Animals
373 - Seizure of Animals Lost, Strayed, Homeless, Abandoned or Improperly Confined or Kept.

(2) If the court orders the posting of a security, the security shall
be posted with the clerk of the court within five business days of the
hearing provided for in subparagraph one of this paragraph. The court
may order the immediate forfeiture of the seized animal to the
impounding organization if the person ordered to post the security fails
to do so. Any animal forfeited shall be made available for adoption or
euthanized subject to subdivision seven-a of section one hundred
seventeen of this chapter or section three hundred seventy-four of this
article.
(3) In the case of an animal other than a companion animal or pet, if
a person ordered to post security fails to do so, the court may, in
addition to the forfeiture to a duly incorporated society for the
prevention of cruelty to animals, humane society, pound, animal shelter
or any authorized agents thereof, and subject to the restrictions of
sections three hundred fifty-four, three hundred fifty-seven and three
hundred seventy-four of this article, order the animal which was the
basis of the order to be sold, provided that all interested persons
shall first be provided the opportunity to redeem their interest in the
animal and to purchase the interest of the person ordered to post
security, subject to such conditions as the court deems appropriate to
assure proper care and treatment of the animal. The court may reimburse
the person ordered to post security and any interested persons any money
earned by the sale of the animal less any costs including, but not
limited to, veterinary and custodial care. Any animal determined by the
court to be maimed, diseased, disabled or infirm so as to be unfit for
sale or any useful purpose shall be forfeited to a duly incorporated
society for the prevention of cruelty to animals or a duly incorporated
humane society or authorized agents thereof, and be available for
adoption or shall be euthanized subject to section three hundred
seventy-four of this article.
(4) Nothing in this section shall be construed to limit or restrict in
any way the rights of a secured party having a security interest in any
animal described in this section. This section expressly does not impair
or subordinate the rights of such a secured lender having a security
interest in the animal or in the proceeds from the sale of such animal.

c. In no event shall the security prevent the impounding organization
having custody and care of the animal from disposing of the animal
pursuant to section three hundred seventy-four of this article prior to
the expiration of the thirty day period covered by the security if the
court makes a determination of the charges against the person from whom
the animal was seized prior thereto. Upon receipt of a petition from the
impounding organization, the court may order the person from whom the
animal was seized or the owner of the animal to post an additional
security with the clerk of the court to secure payment of reasonable
expenses for an additional period of time pending a determination by the
court of the charges against the person from whom the animal was seized.
The person who posted the security shall be entitled to a refund of the
security in whole or part for any expenses not incurred by such
impounding organization upon adjudication of the charges. The person who
posted the security shall be entitled to a full refund of the security,
including reimbursement by the impounding organization of any amount
allowed by the court to be expended, and the return of the animal seized
and impounded upon acquittal or dismissal of the charges, except where
the dismissal is based upon an adjournment in contemplation of dismissal
pursuant to section 215.30 of the criminal procedure law. The court
order directing such refund and reimbursement shall provide for payment
to be made within a reasonable time from the acquittal or dismissal of
charges.
7. Notwithstanding any other provision of this section to the
contrary, the court may order a person charged with any violation of
this article to provide necessary food, water, shelter and care for any
animal which is the basis of the charge, without the removal of the
animal from its existing location, until the charges against the person
are adjudicated. Until a final determination of the charges is made,
any law enforcement officer, officer of a duly incorporated society for
the prevention of cruelty to animals, or its authorized agents, may be
authorized by an order of the court to make regular visits to where the
animal is being kept to ascertain if the animal is receiving necessary
food, water, shelter and care. Nothing shall prevent any law enforcement
officer, officer of a duly incorporated society for the prevention of
cruelty to animals, or its authorized agents, from applying for a
warrant pursuant to this section to seize any animal being held by the
person charged pending the adjudication of the charges if it is
determined that the animal is not receiving the necessary food, water,
shelter or care.

Structure New York Laws