On October 01, 2021 a
Motion-Secondary
was filed
involving a dispute between
Lynnell Marshall,
and
The Broome County Humane Society,
for Torts - Other (Deprivation of Property)
in the District Court of Broome County.
Preview
FILED: BROOME COUNTY CLERK 12/13/2022 03:00 PM INDEX NO. EFCA2021002412
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 12/13/2022
STATE OF NEW YORK
SUPREME COURT: COUNTY OF BROOME
AFFIDAVIT
LYNELL MARSHALL, Index No. EFCA2021002412
Plaintiff,
vs.
THE BROOME COUNTY HUMANE SOCIETY,
Defendant.
STATE OF NEW YORK )
)
COUNTY OF BROOME ) ss.:
DAVID GASKA, being duly sworn, deposes and says:
1. My name is David Gaska and at the time of the incident described herein, I was an
investigator employed by the Broome County Humane Society.
2. I make this affidavit in support of Defendant's motion for summary judgment.
3. I was employed as an investigator with the Broome County Humane Society from July
2016 to July 2022.
4. On September 23, 2021, I received a call from Lieutenant Benjamin Harting of the
Broome County Sheriff's Department requesting that I assist in investigating Doberman
dogs in poor living conditions owned by the Plaintiff, Lynell Marshall.
5. On September 23, 2021, I arrived at Plaintiff's residence located at 3509 Route 26 Glen
Aubrey, New York, with Deputy Rowe and Deputy Bronson from the Broome County
Sheriff's Department.
6. Upon arriving to Plaintiff's residence, Plaintiff gave her verbal permission for us to enter
the garage area of her home to observe the dogs.
7. I had previously visited Plaintiff's residence on January 2, 2020 after receiving a
complaint that expressed concern for the dogs owned by Plaintiff.
8. During this visit, the Plaintiff granted me permission to enter her home and observe her
dogs.
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FILED: BROOME COUNTY CLERK 12/13/2022 03:00 PM INDEX NO. EFCA2021002412
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 12/13/2022
9. On this occasion, I observed that many dogs belonging to Plaintiff were kept in the
garage area of her home and were living on urine covered woodchips that smelled like
ammonia and feces.
10. On this occasion, I was also permitted by Plaintiff to enter the main floor of her residence
and I observed a dog living in an unsafe area with garbage and debris within reach.
11. During this visit,I advised Plaintiff to immediately clean up the urine soaked wood chips
and the garbage.
12. When I arrived to Plaintiff's residence over one year later on September 23, 2021, these
same deplorable conditions persisted.
13. I advised Plaintiff that this was the second time I was visiting her residence after
receiving a complaint that her dogs were kept in deplorable living conditions.
14. Upon entering the garage area of the residence where four adult Doberman dogs and
seven Doberman puppies were kept, I observed urine soaked woodchips and feces
throughout.
15. There was an intense smell of ammonia that permeated the area and itwas difficult to
breathe.
16. Plaintiff advised that she was unable to take care of the dogs properly.
17. I explained to Deputy Rowe that Article 26 Section 356 of the Agriculture and Markets
Law states that a person who has impounded or confined an animal and refuses or
neglects to supply to such animal during its confinement a sufficient supply of good and
wholesome airfood, shelter and water, is guilty of a misdemeanor, punishable by
imprisonment for not more than one year, or by a fine of not more than one thousand
dollars.
18. I repeatedly asked Plaintiff to relinquish custody of her dogs due to the poor conditions
they were being kept in; Plaintiff repeatedly denied my requests.
19. Deputy Rowe observed Plaintiff refuse to sign the dogs over and decided to charge
Plaintiff for violating Article 26 Section 356 of the Agriculture and Markets Law.
20. After Plaintiff realized the Deputy was going to charge her, she snatched the release
papers from me and voluntarily signed the release giving the Broome County Humane
Society full custody of all 11 Doberman dogs being kept in the garage area of Plaintiff's
residence.
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FILED: BROOME COUNTY CLERK 12/13/2022 03:00 PM INDEX NO. EFCA2021002412
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 12/13/2022
21. Plaintiff then proceeded to collect the dogs from the garage area of her residence and
bring them outside to load them into my van to be taken back to the Humane Society for
care.
22. All seven puppies and two of the adult dogs were placed into carriers and loaded into the
van by myself and one of the deputies.
23. I made a plan with Plaintiff to pick up the two remaining dogs on the following day.
24. At this time, Deputy Rowe issued Plaintiff an appearance ticket for violating the
Agriculture and Market Law.
25. I then proceeded to take the dogs to the Humane Society for care.
26. On September 24, 2021, I returned to Plaintiff's residence with a deputy from the
Broome County Sheriff's Department in order to pick up the remaining two adult dogs.
27. Upon my arrival, I discovered that Plaintiff was hiding the dogs at an undisclosed
location behind her property.
28. Plaintiff eventually hopped on her ATV and rode behind her home to a location where
the dogs were hidden and retrieved them so they could be loaded in my van.
29. One of Plaintiff's sons helped load the dogs into my van and I took the two dogs to the
Humane Society for care.
30. At the Humane Society, the Dobermans were cleaned and provided any needed
immunizations and medications. Annexed hereto as Exhibit A are records from the
Humane Society that demonstrate the dogs were given appropriate care once in our
custody.
31. The Dobermans were kept in the care of the Broome County Humane Society and were
eventually adopted out.
Dated:
\ EL LR. O 2
David Gaska
.
Sworn to before me this )
___
2 eaBRA R. BOSSACK
NOTARY PUBUC-SIATE OF NEW YORK
day of December, 2022
no. o3so63os744
Quollfled In fompkins Cour)ty
Ajy e0mmiss|0nSpires Jaily24, 2,.D..9.
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FILED: BROOME COUNTY CLERK 12/13/2022 03:00 PM INDEX NO. EFCA2021002412
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 12/13/2022
y Public
4 of 4
Document Filed Date
December 13, 2022
Case Filing Date
October 01, 2021
Category
Torts - Other (Deprivation of Property)
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FILED: BROOME COUNTY CLERK 12/13/2022 03:00 PM INDEX NO. EFCA2021002412 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 12/13/2022 STATE OF NEW YORK SUPREME COURT: COUNTY OF BROOME AFFIDAVIT LYNELL MARSHALL, Index No. EFCA2021002412 Plaintiff, vs. THE BROOME COUNTY HUMANE SOCIETY, Defendant. STATE OF NEW YORK ) ) COUNTY OF BROOME ) ss.: DAVID GASKA, being duly sworn, deposes and says: 1. My name is David Gaska and at the time of the incident described herein, I was an investigator employed by the Broome County Humane Society. 2. I make this affidavit in support of Defendant's motion for summary judgment. 3. I was employed as an investigator with the Broome County Humane Society from July 2016 to July 2022. 4. On September 23, 2021, I received a call from Lieutenant Benjamin Harting of the Broome County Sheriff's Department requesting that I assist in investigating Doberman dogs in poor living conditions owned by the Plaintiff, Lynell Marshall. 5. On September 23, 2021, I arrived at Plaintiff's residence located at 3509 Route 26 Glen Aubrey, New York, with Deputy Rowe and Deputy Bronson from the Broome County Sheriff's Department. 6. Upon arriving to Plaintiff's residence, Plaintiff gave her verbal permission for us to enter the garage area of her home to observe the dogs. 7. I had previously visited Plaintiff's residence on January 2, 2020 after receiving a complaint that expressed concern for the dogs owned by Plaintiff. 8. During this visit, the Plaintiff granted me permission to enter her home and observe her dogs. 1 1 of 4 FILED: BROOME COUNTY CLERK 12/13/2022 03:00 PM INDEX NO. EFCA2021002412 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 12/13/2022 9. On this occasion, I observed that many dogs belonging to Plaintiff were kept in the garage area of her home and were living on urine covered woodchips that smelled like ammonia and feces. 10. On this occasion, I was also permitted by Plaintiff to enter the main floor of her residence and I observed a dog living in an unsafe area with garbage and debris within reach. 11. During this visit,I advised Plaintiff to immediately clean up the urine soaked wood chips and the garbage. 12. When I arrived to Plaintiff's residence over one year later on September 23, 2021, these same deplorable conditions persisted. 13. I advised Plaintiff that this was the second time I was visiting her residence after receiving a complaint that her dogs were kept in deplorable living conditions. 14. Upon entering the garage area of the residence where four adult Doberman dogs and seven Doberman puppies were kept, I observed urine soaked woodchips and feces throughout. 15. There was an intense smell of ammonia that permeated the area and itwas difficult to breathe. 16. Plaintiff advised that she was unable to take care of the dogs properly. 17. I explained to Deputy Rowe that Article 26 Section 356 of the Agriculture and Markets Law states that a person who has impounded or confined an animal and refuses or neglects to supply to such animal during its confinement a sufficient supply of good and wholesome airfood, shelter and water, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars. 18. I repeatedly asked Plaintiff to relinquish custody of her dogs due to the poor conditions they were being kept in; Plaintiff repeatedly denied my requests. 19. Deputy Rowe observed Plaintiff refuse to sign the dogs over and decided to charge Plaintiff for violating Article 26 Section 356 of the Agriculture and Markets Law. 20. After Plaintiff realized the Deputy was going to charge her, she snatched the release papers from me and voluntarily signed the release giving the Broome County Humane Society full custody of all 11 Doberman dogs being kept in the garage area of Plaintiff's residence. 2 2 of 4 FILED: BROOME COUNTY CLERK 12/13/2022 03:00 PM INDEX NO. EFCA2021002412 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 12/13/2022 21. Plaintiff then proceeded to collect the dogs from the garage area of her residence and bring them outside to load them into my van to be taken back to the Humane Society for care. 22. All seven puppies and two of the adult dogs were placed into carriers and loaded into the van by myself and one of the deputies. 23. I made a plan with Plaintiff to pick up the two remaining dogs on the following day. 24. At this time, Deputy Rowe issued Plaintiff an appearance ticket for violating the Agriculture and Market Law. 25. I then proceeded to take the dogs to the Humane Society for care. 26. On September 24, 2021, I returned to Plaintiff's residence with a deputy from the Broome County Sheriff's Department in order to pick up the remaining two adult dogs. 27. Upon my arrival, I discovered that Plaintiff was hiding the dogs at an undisclosed location behind her property. 28. Plaintiff eventually hopped on her ATV and rode behind her home to a location where the dogs were hidden and retrieved them so they could be loaded in my van. 29. One of Plaintiff's sons helped load the dogs into my van and I took the two dogs to the Humane Society for care. 30. At the Humane Society, the Dobermans were cleaned and provided any needed immunizations and medications. Annexed hereto as Exhibit A are records from the Humane Society that demonstrate the dogs were given appropriate care once in our custody. 31. The Dobermans were kept in the care of the Broome County Humane Society and were eventually adopted out. Dated: \ EL LR. O 2 David Gaska . Sworn to before me this ) ___ 2 eaBRA R. BOSSACK NOTARY PUBUC-SIATE OF NEW YORK day of December, 2022 no. o3so63os744 Quollfled In fompkins Cour)ty Ajy e0mmiss|0nSpires Jaily24, 2,.D..9. 3 of 4 FILED: BROOME COUNTY CLERK 12/13/2022 03:00 PM INDEX NO. EFCA2021002412 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 12/13/2022 y Public 4 of 4