STELLA v. DOAK (2026)

DECISION & ORDER

In an action, inter alia, for declaratory relief, the defendant appeals, and the plaintiff cross-appeals, from a judgment of the Supreme Court, Dutchess County (Maria G. Rosa, J.), dated May 8, 2024.  The judgment, insofar as appealed from, upon a decision of the same court dated February 6, 2024, made after a nonjury trial, declared that the parties have shared possession and ownership of two dogs.  The cross-appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a).

ORDERED that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff commenced this action, inter alia, for a judgment declaring that he and the defendant have shared possession and ownership of two companion dogs, Shorty and Ozzy (hereinafter together the dogs).  Following a nonjury trial, in a judgment dated May 8, 2024, the Supreme Court, among other things, declared that the parties have shared possession and ownership of the dogs, subject to a time-sharing schedule set forth by the court.  The defendant appeals.

In rendering its determination, the Supreme Court utilized the “best interest of [the companion] animal” standard codified in Domestic Relations Law § 236(B)(5)(d)(15).  The defendant does not challenge the application of this standard on appeal, and thus, we do not consider the propriety of utilizing that standard outside of a matrimonial action.  Contrary to the defendant's contention, the court's determination was warranted by the facts.

Accordingly, we affirm the judgment insofar as appealed from.

BRATHWAITE NELSON, J.P., WOOTEN, TAYLOR and GOLDBERG VELAZQUEZ, JJ., concur.