The Latest Legal Developments

Much has progressed in the multiple lawsuits brought against Kristen Arsenault since the passing of her father at the end of March 2025. 

For clarity, it is important to first distinguish the differences between each suit and the specific resolutions they seek:

• The first Suffolk County action is a suit bought against Kristen Arsenault to compel her to turn over trust assets and corporate control to Happy cat, Inc.
• The second Suffolk County action is a suit brought against Kristen for defamation and conversion. It also demands that Kristen Arsenault turn over all digital assets- including social media accounts, email accounts, and related platforms- to Happy Cat, Inc.
• The Montgomery County Supreme Court action presided over by Justice Rebecca Slezak, seeks to quiet title to the upstate properties in favor of Happy Cat, Inc. and to evict Yasmin Rivera and other parties residing on the property. This will be referred to as the Montgomery County action.

Kristen Arsenault counterclaims in all three lawsuits that Marilyn Gales does not have the authority to act on behalf of Happy Cat, Inc. and therefore all actions that she is taking are unlawful and all suits leveled against her are void.

Let’s take a look at some of the key findings in the cases: 

• September 4, 2025 (Suffolk County): Shelly Noga Walker is substituted in place of Steve Stutman as representative attorney for Happy Cat, Inc. following an unrelated disciplinary action brought against Stutman for misappropriation and mishandling of client funds, resulting in a 6 month suspension from practicing law.

• September 4, 2025 (Montgomery County): In a court transcript detailing a hearing before Justice Rebecca A. Slezak with attorneys Marc Brown and Christopher Mills, Slezak acknowledges the significant influence that the Montgomery County action may have on the downstate cases. Throughout the proceeding, she repeatedly questions the authority that Marilyn Gales holds over Happy Cat, Inc., including her ability to make corporate decisions and initiate lawsuits against Kristen Arsenault. Both Mills and Slezak frequently point out Gales’s numerous and conflicting titles within the organization ranging from “trustee,” “Chief Financial Officer,” and “treasurer” to “vice president” and “president,” among others (pp. 33–34).
• It is important to note that in her own affidavit, dated August, 29, 2025, she states that she was appointed to the board of directors; however there is no documentation to corroborate that claim. Supporting documentation that accompanies this affidavit are the Annual Filing for Charitable Organizations for the years 2018, 2019, 2021, 2022, 2023. In each of these filings, she is listed as either the “treasurer” or “chief financial officer”.
• Attorney Christopher Mills asserts that there is no authority under the bylaws that gives authority to a chief financial officer to bring about such a lawsuit (pp. 53).

• Slezak also notes that Yasmin Rivera was authorized to be on the Canajoharie property by Christopher Arsenault, and that the letter terminating her employment and requesting she vacate the property dated April 30th, 2025 is a ‘hearsay document’ stating again, that the question of Marilyn Gales’ authority to act on behalf of Happy Cat, Inc. remains unfounded due to questions concerning her role (pp. 67-60 and 73-74).

• In summary, the question of the legitimacy of Marilyn Gales’ stated authority over Happy Cat, Inc. remains at the forefront of this case. Until further proof or documentation is provided, her ability to act and make legal decisions concerning Happy Cat, Inc. is not being considered. This extends to her ability to file suit against Kristen Arsenault, as well as her ability to remove Yasmin Rivera from the upstate property.

• October 9, 2025: A temporary restraining order (TRO) is entered against Marilyn Gales. This TRO temporarily bars Gales from continuing to serve in a leadership capacity over Happy Cat, Inc. and additionally prevents her from taking any further action on behalf of the organization. Additionally, the order prevents the transfer or disposal of any assets belonging to Happy Cat, Inc. (Montgomery County).

• November 5, 2025: The New York State Attorney General Charities Bureau has been ordered to be added as a necessary party to the Montgomery County action.
  • The next court conference is scheduled for December 1, 2025. In the interim:
    • A list of the location of all cats in the possession of Happy Cat, Inc. must be turned over by November 21, 2025.
    • Happy Cat, Inc. is prohibited from further fundraising.
    • All of Happy Cat, Inc’s existing financial accounts must be provided.
    • No corporate documents may be destroyed.
    • No assets can be sold or transferred.
    • Happy Cat, Inc. must advise the District Attorney and Sheriff’s Office of Montgomery County that Marilyn Gales did not write a letter addressed to Yasmin Rivera, dated September 26, 2025.
      • This letter states that Rivera is forbidden from obstructing security cameras on the upstate property and will be prosecuted if she tampers with or damages any property.
      • The letter also references the case of removal of Rivera from the Canajoharie property as it pertains to the Montgomery County action and states that Rivera is confined to the cabin, the driveway of the cabin, and the immediate area around the cabin. Anywhere else is considered trespassing.
      • Lastly, the letter lists Marilyn Gales as President of Happy Cat, Inc.

• November 21, 2025: Marc Brown, attorney for Happy Cat, Inc. in the Montgomery County action submits a response to the November 5 bench order.
  • A list of all cats that are purportedly at the Ronkonoma location is attached, totaling 279 cats despite a written statement within the response that states 280 cats live at the Ronkonkoma property.
  • The statement alleges that the cats are microchipped and that this information is enclosed, yet there is no documentation that provides this information.
  • Within this response is also communication between Shelly Noga-Walker and the Montgomery County Sheriff’s Office and the Montgomery County District Attorney’s Office stating that Marilyn Gales did not write the letter addressed to Yasmin Rivera on September 26, 2025.

• November 24, 2025: Justice Rebecca A. Selzak issues an amended order. (Montgomery County).

The Montgomery County case appears to be setting the tempo for the downstate matters, as the question of who holds the legal authority to act on behalf of Happy Cat, Inc. has become central to all proceedings. Further updates will follow after the next conference on December 1, 2025.