Buffalo, N.Y. (WBEN) - The original owner of Albert the Alligator, Tony Cavallaro, is continuing to contest the New York State DEC's decision to seize his 750-pound pet from his Hamburg home. He is now suing the state department in attempts to get him back.
Cavallaro's legal representation Michael D'Amico tells WBEN that they filed last week Friday and explains they are not seeking any financial compensation.
"It's an Article 78 petition, the remedy we're seeking is that the court reverse the decision of the New York [State] DEC in denying Tony his re-application licensure for Albert. Tony filed the re-licensure application back in September of 2021 and he was not denied until May of 2024. We believe their decision was arbitrarily and capriciously made," said D'Amico to WBEN this Thursday.
Albert was seized from Cavallaro's Hamburg residence back in March 2024, when the DEC says Cavallaro failed to meet specific conditions to ensure the alligator did not come in contact with humans and did not pose a threat to humans or the animal.
D'Amico adding that in addition the DEC said that Albert's enclosure was insufficient to their standards.
"We disagree with that. Tony actually reached out to them on multiple occasions to attempt to explain to them why the enclosure that he had built for Albert was sufficient and he got no response from the DEC."
Cavallaro claims he had a license in good standing with the DEC for more than 30 years and was in regular contact with DEC when trying to get his application renewed.
However, the DEC seized Albert from his home of 34 years and sent Albert to Gator Country, a Beaumont, Texas rescue facility where visitors can interact with the alligators and other reptiles, which Cavallaro notes is hypocritical.
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"Tony sent a request for a determination of his re-license or application back in the middle of May, they responded within a week or 10 days, saying we've reviewed your application and we're denying it," added D'Amico.
D'Amico also notes that Cavallaro hasn't gone down to Beaumont to see him and there has been no correspondence with the operators.
"I know he's kind of torn on whether he wants to or not because I think he's concerned about how Albert would react if he saw him and then was unable to be with him still. But I definitely know he wants desperately to see him. So it's something that we're discussing right now," said D'Amico.
D'Amico says Cavallaro misses his friend.
"He's kind of been in limbo for the last few months. He misses Albert desperately and I know that [because] I talk to him almost every day. He's hanging in there but he would really love to have his pet back home."