Assembly Bill A11033

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11033

                          I N  A S S E M B L Y

                              May 10, 2010
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the real property actions and proceedings  law  and  the
  agriculture  and markets law, in relation to the recovery of abandoned
  animals from property that has been vacated through lease termination,
  property foreclosure or abandonment

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property actions and proceedings law is amended by
adding a new section 242 to read as follows:
  S  242.  RECOVERY  OF  ABANDONED  ANIMALS. 1. NOTWITHSTANDING SECTIONS
THIRTEEN HUNDRED SEVEN AND NINETEEN HUNDRED SEVENTY-ONE OF THIS  CHAPTER
OR  ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON OR ENTITY WHO
ENCOUNTERS AN ABANDONED ANIMAL IN  A  PROPERTY  THAT  HAS  BEEN  VACATED
THROUGH  LEASE  TERMINATION,  PROPERTY  FORECLOSURE OR ABANDONMENT SHALL
IMMEDIATELY NOTIFY ANIMAL CONTROL OFFICERS OR ANY OTHER AUTHORIZED AGENT
FOR THE PURPOSE OF IMMEDIATELY RETRIEVING SUCH ANIMAL.
  2. FOR PURPOSES OF THIS SECTION, THE PERSON  OR  PRIVATE  ENTITY  THAT
NOTIFIES  ANIMAL CONTROL OFFICERS OR OTHER AUTHORIZED AGENTS TO RETRIEVE
THE ABANDONED ANIMAL OR  THE  SUCCESSOR  PROPERTY  OWNER  SHALL  NOT  BE
CONSIDERED THE KEEPER OF THE ANIMAL OR THE AGENT OF THE ANIMAL'S OWNER.
  3. THE ABANDONED ANIMAL RECOVERED BY THE ANIMAL CONTROL OFFICER OR ANY
OTHER  AUTHORIZED  AGENT  SHALL BE SUBJECT TO THE DISPOSITION PROVISIONS
PROVIDED BY SECTION THREE HUNDRED  THIRTY-TWO  OF  THE  AGRICULTURE  AND
MARKETS LAW.
  S 2. Section 331 of the agriculture and markets law, as added by chap-
ter 328 of the laws of 1961, is amended to read as follows:
  S 331. Abandonment of certain animals. An animal is deemed to be aban-
doned when [it] :
  1. IT is placed in the custody of a veterinarian, veterinary hospital,
boarding  kennel  owner  or  operator,  stable owner or operator, or any
other person for treatment, board, or care and:
  [1.] (A) Having been placed in such custody for a specified period  of
time the animal is not removed at the end of such specified period and a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD17187-01-0

A. 11033                            2

notice to remove the animal within ten days thereafter has been given to
the person who placed the animal in such custody, by means of registered
letter mailed to the last known address of such person[, or:].
  [2.]  (B) Having been placed in such custody for an unspecified period
of time the animal is not removed within twenty  days  after  notice  to
remove  the animal has been given to the person who placed the animal in
such custody, by means of a registered letter mailed to the  last  known
address of such person.
  [3.]  (C)  The giving of notice as prescribed in this section shall be
deemed a waiver of any lien on the animal for the  treatment,  board  or
care of the animal but shall not relieve the owner of the animal removed
of   his  contractual  liability  for  such  treatment,  board  or  care
furnished.
  2. IT IS FOUND IN A PROPERTY  THAT  HAS  BEEN  VACATED  THROUGH  LEASE
TERMINATION, PROPERTY FORECLOSURE OR ABANDONED BY THE TENANT OR OWNER.
  S 3. This act shall take effect immediately.