My question involves a consumer law issue in the State of: NY
My son left his phone on a table in a theme park in NY. We realized it in seconds and went back to the table to get in but it was already gone. I realized I could track it using my phone and followed it to the other side of the park to 2 rides and when I finally got close, it stopped moving. I tracked it to a fence by a roller coster, so it is in a restricted area.
I explained to security and the lost and found, what happened and where it could be found. Their answer is was, when the employees do their sweep of the ride they will find it and turn it in. That was 3 days ago and it's still in the same spot, you can hear it when you get close to the fence and see it from the ride.
My question is can I file a lawsuit for possession of stolen property? Or is my only recourse to jump the fence, get it myself, and risk being banned from the park and loosing my season pass. What other option do I have? Leaving an $800 phone, outside, is driving me crazy. Weighing options and need help.

