Report: Owner of Albert the Alligator attempted to contact State DEC before seizure

Hamburg, N.Y. (WBEN) - "I'm reading this stuff that's proof that I reached out to them. It tells everything that they are lying. I can't believe they would lie when the evidence is right there."

Tony Cavallaro, owner of Albert the Alligator in Hamburg, may have a legitimate gripe with the New York State Department of Environmental Conservation (DEC) after officials from Hamburg Police, the DEC and the SPCA Serving Erie County conducted a seizure of the alligator five weeks ago.

In a report from WKBW-TV's 7 News I-Team on Wednesday, the DEC ignored Cavallaro after he contacted the agency requesting assistance to renew his license after failing to comply with new regulations . This took place before Albert was seized back on March 13.

"Those regulatory changes are the ones that I was arguing with them about that," Cavallaro said on Wednesday during an appearance on "Bauerle" on WBEN. "They said I needed to put a fence up, but it sounds like they wanted a barrier around his pool, or whether they wanted a fence around my yard or a fence around the door. I asked them personally, I talked to the lady and I told her I should be grandfathered in on this, but would you please send somebody over here? I built this big, huge room, beautiful room for him. Would you please send somebody here and tell me exactly what I need to do and I'll do it. I have no problem. I shouldn't have to do it, but I'll do whatever it takes."

With the documents uncovered in WKBW's reporting, Cavallaro questions why the DEC would go out on record to lie about their actions.

"It's obvious proof they lied about everything they said. They lied about it, everybody knows they're lying," Cavallaro said. "That's why there's a million people on my side, and a handful of people that know nothing about alligators who are all sudden experts on it."

Cavallaro further alleges during his appearance on WBEN that the DEC obtained the warrant to search his house illegally.

"They came in my house looking for venomous snakes, is what they came to my house for," Cavallaro claimed. "I had venomous snakes, I had many of them, I had permits for them. When I lived in Buffalo, I had my stuff. I don't have that stuff [now]. I didn't move in this house [in Hamburg] with my venomous snakes. So I don't know how they were able to get a warrant justifying that I have stuff like that when they don't have no evidence of it."

Cavallaro adds he does not know the current whereabouts of Albert, who he has had for 34 years in a friendly space to accommodate the 11-foot, 750-pound alligator.

WBEN received the following statement from the DEC on Wednesday:

"DEC’s investigation into Mr. Anthony Cavallaro’s alleged violations of wildlife health and public safety laws and regulations is ongoing. 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. Health assessments conducted by veterinarians and other experts are consistent with the preliminary evaluation of the health of the animal.

"DEC clearly, repeatedly, and explicitly informed Mr. Cavallaro, in writing, that the facility used to hold the 750-pound alligator was deficient. DEC provided Mr. Cavallaro with a generous amount of time to come into compliance and respond to the Notice of Incomplete Application sent to him outlining the deficiencies.

"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.

"Just prior to the removal of the alligator from Mr. Cavallaro’s home, 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. DEC does not tolerate endangering the public or wildlife, including activities that put children and adults into direct contact with an animal classified in law and regulations as dangerous. 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."