BUFFALO, N.Y. (WKBW) — Tony Cavallaro, the former owner of Albert the Alligator, was in New York State Supreme Court on Thursday.
Cavallaro and his attorneys were challenging the legality of the DEC's decision to deny Callavaro's license to own Albert. They claimed the March 2024 seizure of the 750-pound animal from his Hamburg home was excessive.
"Mr. Cavallaro as you know has had a license for 30 years and during that time has worked cooperatively with the DEC," said attorney Peter Kooshoian, appearing before Supreme Court Justice John DelMonte.
His attorneys argued that Cavallaro received a notice from the DEC in January of 2021 that his application for a new license had been deemed incomplete because Albert's enclosure at Cavallaro's home didn't meet new safety standards. His attorneys said he didn't receive a denial letter until three years later, after Albert was seized in May 2024. They claim the real reason for the denial was a safety complaint made in February 2024.
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"So they didn't move to enforce this rejection for three years? That doesn't pass the smell test, that's not the reason the license was denied," said Kooshoian. "Not only is it demonstrably false by their inaction for three years, it's set forth right in their papers that it has to do with this complaint from February 2024. So they are saying one thing, and they're acting on another, and that's arbitrary and capricious. They can't do that, they have to stick with the reason invoked by the DEC at the time of the denial."
Still, the State Attorney argued the proceeding should be dismissed because the review period for Cavallaro's original application had passed, and the decision to deny it was not arbitrary and capricious. Adding that the DEC afforded Cavallaro due process.
"He understood that he did not have and must obtain a dangerous animal license as the department had told him in January 2021, and reminded him again in their emails of September 2021," said Assistant Attorney General Krysten Kenney. "He also understood that the department had finally determined that his dangerous animal application was incomplete."
In the end, the Honorable John Delmonte reserved his decision noting he would review both arguments.
Kooshoian told me he expects a decision within 30 to 60 days.
"I would like to see him have his license reinstated and then see if we can work out relocating the alligator back to Tony under certain conditions," said Kooshoian.
"I would like to have Albert back, of course I would, I want him back," said Cavallaro.
Cavallaro said his home has felt empty since Albert, his pet for more than 30 years was seized, and got emotional when asked what a satisfactory outcome for the case would be.
"I'm going to get emotional right now. I just can't answer that. It's totally changed my whole life and ruined it completely," said Cavallaro.
I reached out to the DEC for a statement on Thursday, a spokesperson sent the following:
"The New York State Department of Environmental Conservation (DEC) is committed to protecting the welfare of wild animals and the public through enforcement of the Environmental Conservation Law and DEC regulations. Anthony Cavallaro was not in compliance and lacked a license to possess the alligator. DEC took appropriate enforcement action to relocate the alligator and ensure both public safety and the animal’s well-being."
