How to Complete and File the NYS Dangerous Dog Complaint Form (DL-41)

To file a dangerous dog complaint in New York, you give a sworn statement to a local municipal judge or justice under Agriculture and Markets Law Section 123, or you report the incident to a dog control officer or police officer who can file on your behalf. New York does not use a single statewide dangerous dog complaint form; the paperwork comes from your local municipal court, city court, justice court, or dog control officer, and every version captures the same core information the statute requires. Once the complaint is filed, a hearing must take place within five days.¹

Who Can File and How to Start

Any person who directly witnessed a dog attack or threatened attack can file. You do not have to be the person or animal that was attacked. If the victim is a minor, an adult can file on the child’s behalf.

There are two ways in. The first is to report the incident to a local dog control officer or a police officer. That officer must tell you about your right to file the complaint yourself, and if the officer has reason to believe the dog is dangerous, the officer is legally required to file the complaint on his or her own. The second is to go straight to a municipal judge or justice and file under oath without involving an officer first.

What the Incident Has to Involve

The complaint must concern an actual or threatened attack on a person, a companion animal, a farm animal, or a domestic animal. Barking, running loose, and similar nuisance behavior do not meet the threshold on their own.

At the hearing, you carry the burden of proving the dog is dangerous by clear and convincing evidence. That is a higher standard than an ordinary civil dispute, so your account and supporting proof need to leave the judge firmly convinced.

Severity matters for what the judge can do later. New York separates ordinary physical injury from serious physical injury, which the Penal Law defines as an injury creating a substantial risk of death, causing protracted disfigurement, or resulting in long-term impairment or loss of function of any organ.² When a dog causes serious physical injury or death without justification, euthanasia and permanent confinement come onto the table as options.¹

Information to Gather Before You File

The complaint is a sworn statement, so accuracy matters. Pull this together before you go to the court or the officer:

Dog and owner details: The owner’s full name and address, and a physical description of the dog including breed, size, color, and distinctive markings. If you do not know the owner’s name, note the address where the dog lives or was last seen.
Incident specifics: The exact date, time, and location, and what the dog actually did — lunging, biting, chasing — and who or what was targeted.
Injury evidence: Photographs of wounds on people or animals, medical or veterinary records, and documentation of any treatment. This is especially important if the injury was serious, because it affects what the judge can order.
Witness information: Names, addresses, and phone numbers of anyone who saw the incident. Witness testimony helps meet the clear-and-convincing-evidence standard at the hearing.

To get the complaint form itself, contact your local municipal court clerk, justice court, city court, or dog control officer. Layouts vary by municipality, but each one covers the statutory essentials.

Filling Out and Submitting the Complaint

Complete the form with the owner’s identifying information, a description of the dog, and a factual narrative of what you witnessed. Stick to what you personally saw. If you are filing for a minor, note that relationship on the form.

The statute requires the complaint to be made under oath or affirmation.¹ In practice, you swear to its truthfulness in front of the judge, justice, or court clerk when you submit it, much like signing an affidavit. A false sworn statement carries legal consequences, so do not exaggerate or include anything you did not see.

Submit the completed form to a municipal judge or justice, generally in person at the court clerk’s office. If you also reported the incident to a dog control or police officer and that officer concludes the dog is likely dangerous, the officer is required to file as well, and that filing can move alongside or in place of yours.

What Happens After You File

Events move quickly once the judge or justice has the complaint. The judge first decides whether there is probable cause to believe the dog is dangerous. If so, the judge issues an order directing a dog control officer, peace officer, or police officer to seize the dog and hold it until the hearing is over.¹

Whether or not the dog is seized, the hearing must take place within five days of the complaint being received. The owner must get written notice at least two days before the hearing.¹ You present your evidence and witnesses, and the owner can respond and raise any statutory justification defenses, such as the dog being provoked, defending itself or a person, or reacting to someone committing a crime against the owner. The judge then decides whether the dog is dangerous.

What the Judge Can Order

If the judge finds the dog dangerous, two measures are mandatory: the dog must be spayed or neutered and microchipped. The judge then orders one or more additional restrictions based on the circumstances:¹

Behavioral evaluation and training by a certified applied behaviorist, a board-certified veterinary behaviorist, or another recognized expert, at the owner’s expense.
Secure confinement that prevents escape, keeps the public away, and shelters the dog from the elements. Prolonged tying or chaining does not count.
Leash control by an adult at least 21 years old whenever the dog is on public premises.
A muzzle in public that prevents biting without obstructing vision or breathing.
Liability insurance covering personal injury or death from an attack, in an amount set by the court up to $100,000.

When the attack caused serious physical injury or death without justification, the judge can skip these restrictions and order humane euthanasia or permanent confinement instead.¹

Penalties the Owner Can Face

Owner penalties escalate with severity and with any prior dangerous-dog finding:

Bite causing physical injury, first offense: Civil penalty up to $400 if the bite happened through the owner’s negligence.
Bite causing serious physical injury, first offense: Civil penalty up to $1,500, reducible by restitution the owner pays the victim for medical expenses, lost earnings, and other damages.
Previously declared dangerous dog causes serious physical injury: Misdemeanor, fine up to $3,000, up to 90 days in jail, or both. The fine can again be offset by restitution.
Previously declared dangerous dog kills a person who was lawfully present and acting peacefully: Class A misdemeanor, regardless of whether the dog escaped without fault on the owner’s part.

These penalties apply on top of any other legal consequences, including civil lawsuits brought by the victim.¹

1
New York State Senate. Agriculture and Markets Law 123 – Dangerous Dogs
2
New York State Senate. New York Code Penal Law PEN 10.00