The new state regulations that went into effect in June 2021 had little meaning or effect for almost every resident of New York.
But they were going to have an impact on two Hamburg residents: Anthony Cavallaro and his 30-year-old alligator, Albert.
That’s why on Nov. 6, 2020, the state Department of Environmental Conservation sent a notice to Cavallaro informing him about the changes in rules pertaining to possessing dangerous animals. As of June 1, 2021, Cavallaro would be required to include as part of the animal’s living space primary caging with double-door entry and a secondary barrier to prevent it from escaping. The new rules also would prohibit any contact between the animal and the public.
In a letter dated Dec. 7, 2020, that he attached with his application, Cavallaro sent pictures of the animal’s existing enclosure, which he described as a 24-foot-by-22-foot room with a 15-foot-by-17-foot gunite inground pool that had a biofilter system and a running waterfall. In his letter, Cavallaro said a DEC agent had seen the room in 2016 with all its features, including the heated floors and pool controlled with a thermostat, a double door and two single door exits with deadbolt locks.
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“I do not need a secondary containment barrier for the reason that he is 30 years old and too big to transport to other places due to his size,” he wrote.
That exchange, included in a series of documents provided to The Buffalo News as part of a request under the Freedom of Information Law, was the beginning of a dispute between the agency and Cavallaro that culminated last month with the animal being seized from Hamburg and taken to an unknown location and with Cavallaro waging a high-profile fight to bring the 11-foot, 750-pound alligator back to his home.
Not knowing where his pet is has been difficult, Cavallaro said.
“They invaded my whole life. I feel terrible,” he said, adding that walking into Albert’s room always reminds him of the animal. “It breaks my heart. He was my escape.”
The DEC had attributed Albert’s seizure in March to a permit that expired three years ago. The agency also alleged that the alligator is blind and has spinal issues among other ailments. Cavallaro refuted the claims.
After Cavallaro responded to the agency’s initial overture, the DEC sent Cavallaro a notice dated Jan. 29, 2021, flagging his application as incomplete.
“Although you have been in possession of one American alligator for several decades, recent regulatory changes now require additional safeguards to be in place for such possession,” the notice said.
The next communication between Cavallaro and the DEC came Sept. 26 of that year, nine days after his permit to keep the animal expired. DEC responded a day after, on Sept. 27, after which Cavallaro sent three more emails.
“I would appreciate a phone call so we can get this taken care of,” he said in an email dated Sept. 27, saying that he had filed for the permit two months earlier, before it expired. “I’ve sent you several emails concerning my alligator permit and haven’t heard back from you on what you say I’m missing. I would appreciate a response so I can get this taken care of as soon as possible.”
DEC responded on Oct. 4, 2021, saying it was “currently reviewing” his application and paperwork.
Cavallaro said he heard nothing after that. Records contained as part of the FOIL request show that he had sent in three more emails to follow-up but did not receive a response.
His final email on Oct. 31, 2021, requested he be “grandfathered in,” or allowed to keep his animal under the now-expired regulations.
“I built a $140,000 addition for this animal there is no possible way for him to escape ... I would really appreciate a phone call so we can get this straightened out,” he said.
There is no record of a response from the DEC in the information it provided to The News.
In a statement to The News, the DEC said it “clearly, repeatedly and explicitly” informed Cavallaro that his facility was “deficient” as per the new standards. It noted that Cavallaro was given a “generous amount of time” to comply and respond to the Notice of Incomplete Application he was sent.
“The protections included in DEC’s requirements are not based on the alleged demeanor or physical condition of the permitted animal but apply to the species possessed and in accordance with state law and regulations. It is the permitted animal owner’s responsibility to either comply or find alternate and appropriate living arrangements for the animal,” the agency added.
According to an incident report the DEC responded to nearly three years later, the agency had received an “anonymous complaint that Anthony Cavallaro is allowing members of the public including children in with a 12-foot alligator he keeps at his residence.”
The report also stated that the Orchard Park Police and local fire departments have complained about the residence in the past. Cavallaro said that was news to him.
“DEC received photos and information documenting that Mr. Cavallaro allowed – and was continuing to provide – unauthorized and close, physical contact between the public, including children, and the 750-pound alligator,” the agency said in its statement to The News. Their policies do not tolerate endangering the public or wildlife, the agency said, adding, “It was at that time, based on this new information, that DEC took appropriate action by removing the alligator and ensuring the protection of the health of both the public and the animal.”
The agency also would not answer questions about the animal’s whereabouts.
“During the ongoing investigation, DEC is not able to release veterinary reports or information about the animal’s condition. This information will be released once the investigation is complete,” it said. “Health assessments conducted by veterinarians and other experts are consistent with the preliminary evaluation of the health of the animal.”
The DEC has not charged Cavallaro with a crime or cited him for keeping the animal without a permit. Cavallaro said his lawyer has not received a response from the DEC following its initial comment about it being an “ongoing investigation.”
“They are doing the same thing they did with the permit: ignoring us,” he said.
An online petition at change.org demanding Albert’s return to Cavallaro has received more than 166,000 signatures. A Hamburg pub, the Pour House, has begun selling yard signs for $15 and T-shirts for $20, the proceeds of which will be used to support Cavallaro.