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Hamburg man's fight to get his alligator back hits major setback

It could be at least another six months before the alligator is returned

Hamburg man faces setback in fight to get alligator back
DEC plans to file appeal in alligator case
Tony Cavallaro

Hamburg, N.Y. (WBEN) – The New York State Department of Environmental Conservation (DEC) has filed a notice of appeal in the case against Albert the alligator's owner, Tony Cavallaro. He has been fighting to get his 750-pound alligator back since it was seized from his Hamburg home last year by DEC agents. The state claimed Cavallaro did not file the proper paperwork to keep the alligator, and he has been fighting to get the animal back ever since.

Over the winter, an Erie County court judge determined that the DEC wrongfully denied Cavallaro's application for a permit and gave the state 30 days to respond. If the state did not respond, the application would have been considered accepted, and Albert would have been able to come home.

The state is now challenging the judge's decision. Cavallaro's attorney, Mike D'Amico, tells WBEN, "the state now has six months to file a brief and perfect the appeal. It is very frustrating. It's a waste of time."

Cavallaro legally owned the animal for more than 30 years until the DEC confiscated it last March.

Albert is now living at an animal sanctuary in Beaumont, Texas.

It could be at least another six months before the alligator is returned