N.Y. Agriculture & Markets Law Section 376
Disposition of animals or implements used in fights among animals

The officer, after taking possession of such animals, or implements, or other property, pursuant to the preceding section, shall apply to the magistrate before whom complaint is made against the offender violating such provision of law, for the order next hereinafter mentioned, and shall make and file an affidavit with such magistrate, stating therein the name of the offender charged in such complaint, the time, place and description of the animals, implements or other property so taken, together with the name of the party who claims the same, if known, and that the affiant has reason to believe and does believe, stating the grounds of such belief, that the same were used or employed, or were about to be used or employed, in such violation, and will establish the truth thereof upon the trial of such offender. He shall then deliver such animals, implements, or other property, to such magistrate, who shall thereupon, by order in writing, place the same in the custody of an officer or other proper person in such order named and designated, to be by him kept until the trial or final discharge of the offender, and shall send a copy of such order, without delay, to the district attorney of the county. The officer or person so named and designated in such order, shall immediately thereupon assume such custody, and shall retain the same for the purpose of evidence upon such trial, subject to the order of the court before which such offender may be required to appear, until his final discharge or conviction. Upon the conviction of such offender, the animals, implements, or other property, shall be adjudged by the court to be forfeited. In the event of the acquittal or final discharge, without conviction, of such offender, such court shall, on demand, direct the delivery of the property so held in custody to the owner thereof.

Source: Section 376 — Disposition of animals or implements used in fights among animals, https://www.­nysenate.­gov/legislation/laws/AGM/376 (updated Sep. 22, 2014; accessed Apr. 19, 2025).

350
Definitions 351
Prohibition of animal fighting 353
Overdriving, torturing and injuring animals 353–A
Aggravated cruelty to animals 353–B
Appropriate shelter for dogs left outdoors 353–C
Electrocution of fur-bearing animals prohibited 353–D
Confinement of companion animals in vehicles: extreme temperatures 353–E
Companion animal grooming facilities 353–F
Companion animal piercing and tattooing prohibited 354
Sale of baby chicks and baby rabbits 355
Abandonment of animals 356
Failure to provide proper food and drink to impounded animal 357
Selling or offering to sell or exposing diseased animal 358
Selling disabled Equidae 358–A
Live animals as prizes prohibited 359
Carrying animal in a cruel manner 359–A
Transportation of horses 360
Poisoning or attempting to poison animals 361
Interference with or injury to certain domestic animals 362
Throwing substance injurious to animals in public place 363
Unauthorized possession of dogs presumptive evidence of larceny 364
Running horses on highway 365
Clipping or cutting the ears of dogs 366
Companion animal stealing 366–A
Removing, seizing or transporting dogs for research purposes 367
Leaving state to avoid provisions of this article 368
Operating upon tails of horses unlawful 369
Interference with officers 370
Protection of the public from attack by wild animals and reptiles 371
Powers of peace officers 372
Issuance of warrants upon complaint 373
Seizure of animals lost, strayed, homeless, abandoned or improperly confined or kept 374
Humane destruction or other disposition of animals lost, strayed, homeless, abandoned or improperly confined or kept 375
Officer may take possession of animals or implements used in fights among animals 376
Disposition of animals or implements used in fights among animals 377
Disposal of dead animals 377–A
Spaying and neutering of dogs and cats 378
Unlawful tampering with animal research 379
Prohibition of the selling of fur, hair, skin or flesh of a dog or cat 380
Use of elephants in entertainment acts 380*2
Examination of seized animals or animals taken possession of 381
Prohibition of the declawing of cats 382
Prohibition of the slaughter of race horses and race horse breeding stock 383
Examination of seized animals or animals taken possession of 384
Special provisions related to the importation of dogs and cats into the state for sale, resale or adoption 385
Prohibition of slaughtering horses for human or animal consumption 386
Requirements for live auctions
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Accessed:
Apr. 19, 2025

Last modified:
Sep. 22, 2014

§ 376’s source at nysenate​.gov

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