New York ban on retail pet sales takes effect Sunday after Suffolk judge denies stores' bid for delay

A statewide law halting the sale of dogs, cats and rabbits can go into effect Sunday after a Suffolk County judge rejected a pair of motions seeking emergency injunctions.

In a five-page ruling, Suffolk State Supreme Court Justice Frank Tinari said plaintiffs in the two cases, which include 10 pet stores — three based on Long Island — failed to prove they would face "irreparable harm" if the injunction was not granted.

The shops argued they'd be forced to close if the law goes into effect, laying off dozens of employees, while some businesses said they're locked into long-term lease agreements on their buildings.

"The court notes the sympathetic nature of plaintiffs' arguments in this regard," Tinari wrote. " ... However, the court is constrained to apply the law to the established facts before it, regardless of how sympathetic plaintiffs' claims may be."

Tinari also criticized the plaintiffs for waiting until Dec. 5 — 10 days before the law, known as the Puppy Mill Pipeline Act, was set to take effect — to seek the injunction. Gov. Kathy Hochul signed the bill in 2022, giving pet stores two years to prepare for the law to go into effect.

Northport attorney Jonathan Gill, who represents four pet stores — including American Kennels Inc. in Bellmore and OMG Enterprises USA LLC in West Hills — said he was "profoundly disappointed" with the decision.

"My clients are disappointed with the court's decision as it spells the end of their long-standing legitimate retail businesses here in New York State," Gill said. "We were looking forward to the opportunity to present further evidence at a hearing which would clearly establish that this puppy law was based on nothing more than a false narrative, and has no rational basis to its end goal of eliminating puppy mills."

The Pet Advocacy Network, a Virginia-based group representing pet stores nationwide, was also seeking an injunction to block the bill from taking effect. They were joined in their suit by six pet stores, including The Puppy Experience in Aquebogue.

"We are frustrated and disappointed that Judge Tinari ignored the widely available evidence that pet sale bans don’t work," said Mike Bober, chief executive of the Pet Advocacy Network. "Tragically, instead of improving animal welfare, this 'puppy prohibition' law will close licensed and regulated small businesses that have connected many New York families with a pet they love and create a black market for pets."

The state attorney general's office, which is tasked with enforcing the law, did not respond to a request for comment.

The law halts the sale of most household pets but allows retail stores to continue selling animal supplies and to charge rescue organizations to use their space for pet adoptions.

Businesses that continue selling pets could face penalties of up to $1,000 per violation.

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.