Long Island Non-Profit Seeks Property, Cats From Sanctuary Founder's Daughter

LONG ISLAND, NY — Happy Cat Inc. is asking a court to force the daughter of the late Long Island cat sanctuary's founder, Christopher Arsenault, to turn over the feline rescue's property and cats, according to a legal filing.

Kristen Arsenault, who has addresses in Manhattan and Port Washington, has been sued in her individual capacity, and as the trustee of her father's irrevocable trust, according to a declaratory judgment filed Wednesday by Steven Stutman, a Melville attorney representing Happy Cat Inc.

Attempts to reach Arsenault after her father's death have been unsuccessful.

In an interview on Friday, Stutman told Patch that he is trying to "appropriately safeguard the assets of Happy Cat Inc."

Christopher Arsenault's 2023 trust provides that if Happy Cat, Inc., the corporation, which runs Happy Cat Sanctuary, was in existence as of his death, the corporation would receive the "assets of the trust, including the sanctuary's property on Dourland Road in Medford, and any cats that resided there," according to the filing.

The document maintains that "upon information and belief," Kristen Arsenault "wrongfully withheld" from Happy Cat Inc. the possession of "certain cats," which are owned by the corporation "for the purpose of rescue and rehabilitation."

The cats in question may be located at various locations, including the Medford property, as well as a second property upstate in the County of Montgomery, or various animal hospitals not known to Happy Cat Inc., the document states.

Arsenault may have other assets that are unknown to Happy Cat Inc., according to the document.

Happy Cat Inc. is asking the court to issue an order directing Arsenault to execute any documents to convey the title to the "real property" involved, account for all other assets of the trust, and/or assets of the corporation, which she may "possess or constructively possess," the document states.

The corporation asks that it be entitled to all interest, inclusive of all bank accounts and/or other investments, together with any checks, and other instruments which are payable to the corporation.

It is also asking for the return of any cats that she may have control over.

Kristen Arsenault last week posted a news release to Happy Cat Sanctuary's Facebook page demanding documentation that Happy Cat Inc. has board members, how they were authorized, and their positions.

The release has since been deleted.

The state Attorney General's office has confirmed that Arsenault filed a complaint asking for a review of Happy Cat Inc.

In her news release, Arsenault said she was left in charge of an irrevocable trust drawn up in 2023 to protect his assets, including the sanctuary, and to ensure that the cats there would be cared for in an ethical way, Patch previously reported.

She said that she is the sole trustee and has the legal and fiduciary authority to carry out her father's intentions, but that since his death, a "number of" people have come forward claiming to have the authority over finances, animal placement, and public communications "without legal validation or organizational history."

"These actions are not only unauthorized — they are deeply harmful and misleading," she added.

She has "acted in good faith" and requested documentation regarding their authority, as well as an accounting of the cats.

In addition, to her complaint with the AG's office, Arsenault has also asked that GoFundMe place a hold on the distributed funds, as well as "initiated legal proceedings," she said in her news release.

Arsenault's news release did not identify anyone by name.

In a counter news release from Stutman, he acknowledged "the public allegations" made by Arsenault and denied them.

"It is important to clarify her role in relation to Happy Cat, Inc.," he wrote, adding that she serves as the Trustee of the Christopher Arsenault Irrevocable Trust of 2023 with the sole asset as the real property "where the tragic fire occurred."

Happy Cat, Inc. is a not-for-profit corporation, and by definition it cannot be owned, or be an asset of any trust, nor can it be an asset of any third party, according to Stutman.

"Consequently, Ms. Arsenault has no fiduciary relationship with, or duty to, this not-for-profit organization," he said.

"The Board of Directors of Happy Cat is acting in accordance with the Articles of Incorporation, the by-laws, and the Not-for-Profit Law of New York State," he said. "Its goal is to safeguard the sanctuary's assets and to continue to fulfill Christopher Arsenault's lifelong vision. The fundraising proceeds are safe and remain intact."

"While we admire Ms. Arsenault's desire to further her father's dream, her actions are detrimental to the mission of Happy Cat, Inc. and disruptive to the ongoing rescue process," he added.

The legal fight stems from the aftermath of a blaze that broke out at the cat sanctuary on March 31.
When first responders arrived a house on the property was "fully engulfed," and the body of Arsenault, 64, was found in the rear of the house on the first floor, and it was not immediately clear if he had been outside and then tried to re-enter after the fire broke out, Suffolk police previously told Patch.

Arsenault looked after a bevy of cats, including some surrendered by their owners, cats whose owners died and were living out their days in retirement, and feral cats, which includes once domesticated cats who have survived outside in colonies and their wild progeny.

Fellow rescuers have said Arsenault died trying to save his feline charges.

Since then, a coalition of several animal rescue groups, coordinated by the Suffolk Society of the Prevention of Cruelty to Animals, have been working desperately to retrieve the cats.

Around 110 cats died in the fire, including 58 found dead the day of the fire, and another roughly 50 found in the rubble of the house one week later.

The cause of the blaze that killed Arsenault remains undermined, after an examination of the scene and an investigation, according to Town Fire Marshal Christopher Mehrman.

The use of "multiple" propane-fueled, and electric space heaters, which were found within the area of fire origin, where the fire is believed to have started, can't be "ruled out as potential ignition sources," he said in a statement to Patch on Wednesday.

"There were multiple factors contributed to the rapid-fire spread and growth, including a substantial amount of combustible materials within the building, as well as openings in the floors and walls, created to allow access for cats throughout the structure, facilitated the fire's progression," he said.

There have been reports of explosions heard at the time of the fire, indicating they came from propane tanks, but Mehrman discounted them, saying no evidence was found of any propane cylinders "failing in that manner."

So far, more than $840,000 toward a $870,000 goal has been raised on a GoFundMe page organized to continue Arsenault's legacy.