DEC: Info on Albert the alligator not being released until conclusion of investigation

BUFFALO, N.Y. (WIVB) -- A Hamburg man's 11-foot, 750-pound pet alligator named Albert, which was seized by the Department of Environmental Conservation in March, will not be returned to the man before an ongoing investigation is completed, DEC officials said.

The DEC is investigating alleged violations of wildlife health and public safety laws and regulations by Tony Cavallaro, the owner of the alligator.

Until the investigation is complete, the DEC is unable to release veterinary reports or information on Albert's condition. The DEC said the information would be released upon the conclusion of the investigation.

According to the DEC, "health assessments conducted by veterinarians and other experts are consistent with the preliminary evaluation of the health of the animal."

The DEC stated they told Cavallaro in writing that the facility he used to hold the alligator was "deficient," and outlined said deficiencies in a Notice of Incomplete Application.

The department said they provided Cavallaro with "a generous amount of time" to comply.

"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," the DEC said in an email. "It is the permitted animal owner’s responsibility to either comply or find alternate and appropriate living arrangements for the animal."

Cavallaro said in March that he typically gets his permit renewed on time, but that recently changed after the DEC updated regulations in 2020 and his repeated phone calls questioning these updates went unanswered. He believes he should have been grandfathered in to the old regulations.

Friends of Cavallaro, as well as plenty of other supporters in Western New York, have rallied around him since officials seized Albert.

“He’s like family,” Cavallaro said in March. “Everybody loves him. He has thousands of people, as you see, that love him.”

According to the DEC, the department received photos and information documenting that Cavallaro allowed "unauthorized and close, physical contact between the public, including children, and the 750-pound alligator."

Based on this information, the DEC removed Albert to ensure "protection of the health of both the public and the animal."

Cavallaro's lawyer Michael D'Amico told News 4 Wednesday night that they have not been told by the DEC if Cavallaro will be charged with a DEC violation or if they will have to go to civil court under article 78 claiming that the DEC improperly took Albert, saying that it is still under investigation.

D'Amico said that they did hear from the Erie County District Attorney's Office on Wednesday, but they also said it was still under investigation.

The Associated Press contributed to this report.