S T A T E O F N E W Y O R K
________________________________________________________________________
269
2023-2024 Regular Sessions
I N A S S E M B L Y
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Judiciary
AN ACT to amend the domestic relations law and the agriculture and
markets law, in relation to providing for the legal ownership of a
companion animal
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The domestic relations law is amended by adding a new
section 256 to read as follows:
§ 256. ORDER TO CARE FOR COMPANION ANIMAL PENDING FINAL DETERMINATION;
ASSIGNMENT OF SOLE OR JOINT OWNERSHIP. 1. NOTWITHSTANDING ANY OTHER LAW
TO THE CONTRARY, THE COURT, AT THE REQUEST OF A PARTY TO PROCEEDINGS FOR
DISSOLUTION OF MARRIAGE OR FOR LEGAL SEPARATION OF THE PARTIES, MAY
ENTER AN ORDER PRIOR TO THE FINAL DETERMINATION OF OWNERSHIP OF A
COMPANION ANIMAL TO REQUIRE A PARTY TO CARE FOR THE COMPANION ANIMAL
TAKING INTO CONSIDERATION THE WELL-BEING OF SUCH COMPANION ANIMAL. THE
EXISTENCE OF AN ORDER PROVIDING FOR THE CARE OF A COMPANION ANIMAL
DURING THE COURSE OF PROCEEDINGS SHALL NOT HAVE ANY IMPACT ON THE
COURT'S FINAL DETERMINATION OF OWNERSHIP OF THE COMPANION ANIMAL.
2. NOTWITHSTANDING ANY OTHER LAW, THE COURT, AT THE REQUEST OF A PARTY
TO PROCEEDINGS FOR DISSOLUTION OF MARRIAGE OR FOR LEGAL SEPARATION OF
THE PARTIES, MAY ASSIGN SOLE OR JOINT OWNERSHIP OF THE COMPANION ANIMAL
TAKING INTO CONSIDERATION THE WELL-BEING OF THE COMPANION ANIMAL.
3. "COMPANION ANIMAL," AS USED IN THIS SECTION, SHALL HAVE THE SAME
MEANING AS IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF THE
AGRICULTURE AND MARKETS LAW.
§ 2. The agriculture and markets law is amended by adding a new
section 385 to read as follows:
§ 385. ORDER TO CARE FOR COMPANION ANIMAL PENDING FINAL DETERMINATION.
1. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, IN ANY PROCEEDING
WHEREIN AT ISSUE IS OWNERSHIP OF A COMPANION ANIMAL WHO CURRENTLY DOES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01329-01-3
A. 269 2
OR HAS RESIDED WITH PARTIES TO THE LAWSUIT, THE COURT MAY ENTER AN ORDER
PRIOR TO THE FINAL DETERMINATION OF OWNERSHIP OF A COMPANION ANIMAL TO
REQUIRE A PARTY TO CARE FOR THE COMPANION ANIMAL TAKING INTO CONSIDER-
ATION THE WELL-BEING OF SUCH COMPANION ANIMAL. THE EXISTENCE OF AN ORDER
PROVIDING FOR THE CARE OF A COMPANION ANIMAL DURING THE COURSE OF
PROCEEDINGS SHALL NOT HAVE ANY IMPACT ON THE COURT'S FINAL DETERMINATION
OF OWNERSHIP OF SUCH COMPANION ANIMAL.
2. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, IN ANY PROCEEDING
WHEREIN AT ISSUE IS OWNERSHIP OF A COMPANION ANIMAL WHO CURRENTLY DOES
OR HAS RESIDED WITH PARTIES TO THE LAWSUIT, THE COURT MAY ASSIGN SOLE OR
JOINT OWNERSHIP OF THE COMPANION ANIMAL TAKING INTO CONSIDERATION THE
WELL-BEING OF SUCH COMPANION ANIMAL.
3. "COMPANION ANIMAL" AS USED IN THIS SECTION SHALL HAVE THE SAME
MEANING AS PROVIDED IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY
OF THIS ARTICLE.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.