HAMBURG, N.Y. (WKBW) — The owner of Albert the Alligator is vowing to continue his legal battle after the New York State Department of Environmental Conservation (DEC) appealed a recent court ruling.
In February, a judge ruled that the previous denial of Tony Cavallaro's application to allow him to keep Albert the Alligator was improper and said if the DEC did not process the application within 30 days, it would be deemed as approved, and Albert the Alligator would be returned to Cavallaro. In March, the DEC appealed that court decision.
"I'm not giving up on something they did," Cavallaro said. "They took my life away from me."
Albert was seized from Cavallaro's Hamburg home in March 2024 after authorities cited an expired DEC license. Since then, Cavallaro has fought to get the 750-pound alligator back, arguing that he had been in compliance with state regulations and was denied due process.
A Timeline of Events:
- March 2024: Albert the Alligator was seized from Cavallaro's Hamburg home. He underwent an extensive examination and initial rehabilitation under licensed veterinary care in Massachusetts.
- May 2024: Albert was transferred to an authorized alligator rehabilitation facility in Texas called Gator Country.
- July 2024: Cavallaro sued the DEC, claiming he made multiple attempts to communicate with the agency about his compliance but received no response.
- December 2024: Cavallaro and his attorneys challenged the DEC's decision in New York State Supreme Court, calling the seizure excessive and arguing that his license should not have been denied.
- February 2025: A judge ruled that the DEC must process Cavallaro's application. The court stated that the prior denial was improper and that if the DEC did not process the application within 30 days, it would be deemed approved, allowing Albert to return home.
- March 2025: The DEC appealed the decision, delaying any potential return of the alligator to Cavallaro.
"34 years of my life, and they think they can just come in here and take your pet away from you," Cavallaro said on Monday. "I never caused harm to anyone. Albert never caused harm to anybody. He loved people."
Cavallaro said he has spent $15,000 in legal fees fighting for Albert's return. Meanwhile, his once-lively gator room sits empty.
"It's sad to walk in here," he said.
The DEC issued the following statement on Monday: "A Notice of Appeal has been filed by New York State with the court."
The department also directed any inquiries to the New York State Attorney General's Office.
The attorney general's office then issued the following statement on Monday: "There will be an appeal brief filed which will detail the argument."
