Justice Matthew Cooper
The divorcing parties petitioned for sole custody of their two-and-one-half-year-old miniature dachshund, Joey, in this very short-lived marriage. Plaintiff Travis alleged defendant Murray wrongfully took Joey at the time the couple separated. Travis argued Joey was hers as she bought him with her own funds before the parties’ marriage, contending Murray stole Joey when she removed him from the marital apartment and relocated him to Maine. Murray maintained Joey was a gift from Travis as a consolation for having to get rid of her cat. She further alleged she shared financial and care-taking responsibility for him. The court noted prevailing New York State law regarded pets as personal property, “chattel,” but noted a strict property analysis was unwarranted. It also stated while embracing the application of child custody principles was inappropriate, taking a “nuanced position” considering some of the traditional factors associated with child custody was feasible. The court ruled it was appropriate the parties be given a hearing applying a “best for all concerned” standard, and absent an appeal, the one day hearing will be the final proceeding on the issue of who gets Joey.
