Western New York Equine Lawyer?

[FoxyFizz]

I do not believe she has the means to buy back her own property. At a minimum, a stableman’s lien might have been appropriate, but only after Notice given and Notice of Public Auction posted. None of that was done. Even in a case of a stableman’s lien, any overage achieved at a sale would have had to be returned to the owner. No monies were given to the Tenant/horse owner.

No notice was given.

It is my understanding that 18 horses were sold that day for an amount in excess of $20K. There are a number of issues here including conversion of property, fraud and other legal issues beyond my ability to comprehend/litigate.

[Knights_Mom]

I would like to see it. I’m always up for learning.

Why didn’t they file a restore to possession? An appeal at that time? Do an Article 78 proceeding?

[FoxyFizz]

There were no significant changes in April 2022. The only change was that a filed ERAP application would stay any further eviction proceedings.

She was entitled to 90 days.

NYC has the housing authority. Based on conversations with attorneys that appear before it, it is my understanding that tenants regularly received in excess of 6 - 18 months additional time per court order. It is far quicker to (or was prior to ERAP) evict a tenant Upstate.

[Knights_Mom]

NYCHA tenants were under the same 6 month constraint but I personally did extensions bringing the case to 2 years of age.

Private landlord cases always adhered to the 6 month time frame.

ERAP was part of it but there were other items which I cannot cite. Why? I was retiring and chose not to further hurt my brain because the changes and memos about changes were constant. I can however get any info. My connections are fresh.

[FoxyFizz]

There is an attorney handling the eviction appeal. That is separate from the matter of the illegal taking of the horses.

Article 78 for…?

As far as restoring possession, I believe the removal of the horses occurred 8/26 or thereabouts, approximately a week after the Stay was lifted. The stay was lifted when she was unable to pay the $4,500 undertaking ordered by the court. Apparently, her attorney did not explain that a failure to pay the funds or request additional time might result in a stay being lifted. I’m not sure. In any event, the stay was lifed on 8/19/2022 - a week later they took her horses.

Index No: 2022-0162
https://tompkinscountyny.gov/cclerk

Search Online Records

Jessica Bartholomew v. Mark O’Malley (the system isn’t letting me in right now, so I’m unable to check the full name, but you should be able to get to it this way).

[FoxyFizz]

These extra protections are not available upstate. I have another friend (also a judge/attorney) who practices in the 5 boroughs - it just doesn’t work the same way upstate.

[Knights_Mom]

Only $4500 to keep the horses? We could have raised the money here!

Article 78 against whatever government agency/actor didn’t follow procedure.

[Knights_Mom]

Did she have a private attorney or Legal Aid like they give people in the city?

If private, is that malpractice?

[FoxyFizz]

No, it was an undertaking. Meaning a good faith payment into the court (representing the $750/monthly rent I think-there isn’t a transcript for the appearance before the County Court Judge.)

I believe with the Article 78- it would’ve had to be begun w/in 30days. It’s been awhile since I’ve filed one.

[FoxyFizz]

Private attorney. He filed the Notice of Appeal- Landlord’s attorney has until 11/30 to submit her Opposition to the Appeal. As for malpractice, good luck getting an attorney to take one on- I’ve referred people out many times, but it is hard to find attorneys to handle them in my experience.

[Knights_Mom]

Look for an attorney from the opposing political party!

[Knights_Mom]

What about money. Can money solve the problem?

[FoxyFizz]

Yes, however, the difference being that the owner is able to redeem or get back. She was never given their location. Seller of the horses had no legal authority to do so. There was no due process to take someone’s property. There was nothing in the warrant authorizing their removal.

There was a failure to give the requisite 14 day notice for the warrant, because there was only 1 week between lift stay and the eviction. Many procedures were not followed in this case.

[Knights_Mom]

That may be so. But if getting the horses back is the desire it has to be quickly before they relocate to numerous locations. At least file papers to preclude their sale even by just filing a small claims case. SC is up to $10,000 now.

[Angela_Freda]

Disgusting.
That area can be a bit like Deliverance
(I have family in Cincinnatus) so it doesn’t shock me that this happened.

[FoxyFizz]

The town courts are limited to $3,000. It would have to go to Supreme.

I’m not in a position to litigate this matter for a number of reasons. I know the case, but my practice is on the opposite side of the state.

[FoxyFizz]

One the horses are like her family I think. Did she have too many? Possibly as finding a new rental scenario is a challenge for 2-3 horses, but 20+ is another story. There are also horses missing that did not go through the sale (aside from 1 mare and two foals), hackney ponies and some older horses. No idea where they are.

[FoxyFizz]

She’d take anyone right now. she has literally called 1/2 the attorneys out there. The last one in Binghamton seemed promising, but came back with no today.

COTH is literally her last chance.

[Knights_Mom]

There is a group located in Manhattan. Fully comprised by lawyers. It’s a group that defends the rights of animals not sure if it’s their gig but worth a shot. They do pro Bono work. Let me remember the name.

[Knights_Mom]

ALDF Animal Legal Defense Fund.

Animal Legal Defense Fund