STATE OF NEW YORK
________________________________________________________________________
269
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The domestic relations law is amended by adding a new
2 section 256 to read as follows:
3 § 256. Order to care for companion animal pending final determination;
4 assignment of sole or joint ownership. 1. Notwithstanding any other law
5 to the contrary, the court, at the request of a party to proceedings for
6 dissolution of marriage or for legal separation of the parties, may
7 enter an order prior to the final determination of ownership of a
8 companion animal to require a party to care for the companion animal
9 taking into consideration the well-being of such companion animal. The
10 existence of an order providing for the care of a companion animal
11 during the course of proceedings shall not have any impact on the
12 court's final determination of ownership of the companion animal.
13 2. Notwithstanding any other law, the court, at the request of a party
14 to proceedings for dissolution of marriage or for legal separation of
15 the parties, may assign sole or joint ownership of the companion animal
16 taking into consideration the well-being of the companion animal.
17 3. "Companion animal," as used in this section, shall have the same
18 meaning as in subdivision five of section three hundred fifty of the
19 agriculture and markets law.
20 § 2. The agriculture and markets law is amended by adding a new
21 section 385 to read as follows:
22 § 385. Order to care for companion animal pending final determination.
23 1. Notwithstanding any other law to the contrary, in any proceeding
24 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
1 or has resided with parties to the lawsuit, the court may enter an order
2 prior to the final determination of ownership of a companion animal to
3 require a party to care for the companion animal taking into consider-
4 ation the well-being of such companion animal. The existence of an order
5 providing for the care of a companion animal during the course of
6 proceedings shall not have any impact on the court's final determination
7 of ownership of such companion animal.
8 2. Notwithstanding any other law to the contrary, in any proceeding
9 wherein at issue is ownership of a companion animal who currently does
10 or has resided with parties to the lawsuit, the court may assign sole or
11 joint ownership of the companion animal taking into consideration the
12 well-being of such companion animal.
13 3. "Companion animal" as used in this section shall have the same
14 meaning as provided in subdivision five of section three hundred fifty
15 of this article.
16 § 3. This act shall take effect on the thirtieth day after it shall
17 have become a law.
