By Jacquie Rath
The saga of the 5-pound Chihuahua began last August, when a young woman from Lynbrook acquired the dog from a friend's family. It has become a heated custody battle, resulting in the filing of a $100,000 suit for mental anguish.
Last April, Robert Galante, who at the time lived in Louisiana, purchased a Chihuahua puppy as a gift for his daughter Samantha's 11th birthday. The family named the tiny dog Rocco. A few months later, the Galante family moved to Long Island, where their plans to purchase a home fell through. The family sought temporary refuge in a shelter, which did not allow pets. They needed to find a home for Rocco.
Galante's stepson, Alex Linguiti, asked a friend, Lynbrook resident Heather Workman, to care for the dog. The terms of this arrangement are at the heart of the Supreme Court case. According to Galante, Workman was to care for the dog on a temporary basis until the family found permanent housing. Galante stated that he "even wanted to pay [Workman] for her services."
Workman, however, contends that is not the case, and states that when she was given the dog to care for, she was told that "if she fell in love with him she could keep him."
A family of dog lovers, the Workmans opened their arms to the tiny pup. They changed his name from Rocco to Taco and cared for him as if he were their own. They claim that when the Chihuahua joined their family he was shaky and shy, and was in need of veterinary care. He was treated for three types of parasites (two of which were also threats to humans), and the Workmans made sure the puppy was comfortable in his new surroundings.
When the Galante family found permanent housing in Mastic, and were able to bring Rocco home, they asked Workman to return him. But by then the entire Workman family, including their two other dogs, Hooligan and Bandit, had fallen in love with the small pooch and planned to keep him.
From that point on, the situation took on a life of its own, spawning harassment complaints, a visit to small-claims court, a session of "The People's Court" (yet to air) and now the suit in state Supreme Court. The story has been covered by local and national media, including NBC's "Inside Edition."
The dispute between the two families has also caught the attention of animal-rights activists who would like to change the way pets are viewed in the legal arena. Currently, they are considered chattel - movable items of personal property. Debbie Workman, Heather's mother, stated that the family has "received a couple dozen phone calls from animal-rights people who want to help keep him where he is." She said the callers have expressed concern over the fact that in the legal realm, an animal's emotional well-being is not of concern. It is considered merely a possession.
When asked to comment on the stress of a possible move from the family Taco has been with for the majority of his life, Dr. Alan Baum of Lynbrook's Crawford Animal Hospital said that "an animal's personality needs to be evaluated on a case-by-case basis." According to Baum, some pets are able to handle stresses better than others.
Last week, the Workmans were notified that they would retain temporary custody of Taco for the duration of the Supreme Court proceedings. Judge Martin will ultimately decide whether the Chihuahua will be answering to Taco or Rocco.
The Galantes were not available for comment.
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