Court finds in favor of SPCA
OXFORD – A Brooklyn man, from whom the Chenango County Sheriff’s Department seized 77 dogs earlier this month, has been ordered to post a cash bond in the amount of $65,465 for the care of those animals.
In a decision rendered Tuesday by the Town of Oxford Court, Steven W. Fong, 56, of 405 Clinton Ave. in Brooklyn, will have until 4:20 p.m. on Wednesday, Nov. 5 to post the bond.
If he fails to do so, he will forfeit ownership of the dogs to the Chenango County Society for the Prevention of Cruelty to Animals.
A total of 76 Pomeranians were removed by Sheriff’s Deputies and the SPCA on Oct. 12 from property owned by Fong at 145 Williams Road in Oxford.
The dogs had been kept in a double-wide trailer on the property, under conditions which SPCA Executive Director Carol Hedlund described as “horrific.”
While executing the search warrant, deputies also discovered and removed 13 bags containing the remains of 38 dogs.
The Pomeranians and one pit bull, which was seized when Fong was arrested on Oct. 13, are currently being housed at the SPCA. According to Hedlund, the shelter is the only designated animal impound facility in Chenango County.
Since Fong has refused to sign ownership of the dogs over to the SPCA, Hedlund was prompted to file a civil petition with the court to recoup costs incurred during the first 30 days of care for the animals.
The petition, filed last week, was heard before Oxford Town Justice John Weidman on Tuesday. The judge described the civil proceedings as “triggered by, but not a part of” the criminal charges against Fong.
“Our purpose here today is to address the care and well being of these dogs,” said Weidman.
Since filing the legal documents with the court, the SPCA retained Attorney Michael Ferrarese of Lee, Emerson and Ferrarese of Norwich as counsel.
The hour-long hearing began with Ferrarese, who is representing the SPCA on a pro bono basis, leading Hedlund through a series of questions establishing her position at the animal protection agency and her cost estimates for the care of the dogs.
The SPCA’s $65,465 invoice, which was introduced into evidence by Ferrarese, detailed costs for the initial 30 days of care for the animals. Those charges included $34,635 for boarding of the 77 dogs through Nov. 11; $12,105 in veterinary care, vaccinations and medical treatment; $3,830 for grooming; $6,245 for supplies and chew toys; $2,050 for the handling and disposal of remains; and $6,600 in additional staffing required to care for the animals.
The proceedings became heated when Fong’s attorney, Scott Clippinger, began his cross examination of the SPCA executive director.
Clippinger questioned Hedlund on the shelter’s kenneling charges, her knowledge of the veterinarian’s assessment of the dogs, the disposal of remains and even the section of New York State Law under which the SPCA’s petition was filed.
“Mr. Clippinger is cleverly trying to confuse the court,” accused Ferrarese, as he raised one objection after another to the opposing counsel’s line of questioning.
“This is a mess,” declared Clippinger. “Our position is that this was an illegal taking.”
“Mr. Clippinger, you made some very good points,” said Weidman after several minutes of deliberation. Many of those points, the judge advised, would be more appropriate for the criminal trial. “They’re not for today,” he said.
In a decision that he said was in the best interest of the dogs, Weidman ruled in favor of the petitioner. He then addressed the defendant.
“Mr. Fong, at any given time, you have the ability to stop the costs by surrendering the animals to the SPCA,” the Town Justice explained. “This is not a one time charge. This is for the first 30 days. They will continue to escalate.”
Under Ag and Market law, the SPCA is within its rights as an impound facility to petition the court every 30 days for the continued cost of care for the animals.
Fong would post the cash bond with the court itself, rather than to the SPCA. The shelter will then present invoices and receipts to the court for the reimbursement of their expenses.
“I’m pleased with the decision,” said Hedlund.
“I think the judge made the correct decision,” said the SPCA’s legal counsel following the verdict. “I am very happy to know that these dogs will have a safe environment for the foreseeable future.”
“I’m happy for the organization I represented here today,” Ferrarese later added. “They provide a valuable service for our community and are often under appreciated.”
To date, Fong has been charged with 76 counts of failure to provide for an impounded animal, 38 counts of cruelty to animals and one count of false impersonation. His criminal trial is scheduled to begin Monday, Nov. 3 in the Town of Oxford Court.
In a decision rendered Tuesday by the Town of Oxford Court, Steven W. Fong, 56, of 405 Clinton Ave. in Brooklyn, will have until 4:20 p.m. on Wednesday, Nov. 5 to post the bond.
If he fails to do so, he will forfeit ownership of the dogs to the Chenango County Society for the Prevention of Cruelty to Animals.
A total of 76 Pomeranians were removed by Sheriff’s Deputies and the SPCA on Oct. 12 from property owned by Fong at 145 Williams Road in Oxford.
The dogs had been kept in a double-wide trailer on the property, under conditions which SPCA Executive Director Carol Hedlund described as “horrific.”
While executing the search warrant, deputies also discovered and removed 13 bags containing the remains of 38 dogs.
The Pomeranians and one pit bull, which was seized when Fong was arrested on Oct. 13, are currently being housed at the SPCA. According to Hedlund, the shelter is the only designated animal impound facility in Chenango County.
Since Fong has refused to sign ownership of the dogs over to the SPCA, Hedlund was prompted to file a civil petition with the court to recoup costs incurred during the first 30 days of care for the animals.
The petition, filed last week, was heard before Oxford Town Justice John Weidman on Tuesday. The judge described the civil proceedings as “triggered by, but not a part of” the criminal charges against Fong.
“Our purpose here today is to address the care and well being of these dogs,” said Weidman.
Since filing the legal documents with the court, the SPCA retained Attorney Michael Ferrarese of Lee, Emerson and Ferrarese of Norwich as counsel.
The hour-long hearing began with Ferrarese, who is representing the SPCA on a pro bono basis, leading Hedlund through a series of questions establishing her position at the animal protection agency and her cost estimates for the care of the dogs.
The SPCA’s $65,465 invoice, which was introduced into evidence by Ferrarese, detailed costs for the initial 30 days of care for the animals. Those charges included $34,635 for boarding of the 77 dogs through Nov. 11; $12,105 in veterinary care, vaccinations and medical treatment; $3,830 for grooming; $6,245 for supplies and chew toys; $2,050 for the handling and disposal of remains; and $6,600 in additional staffing required to care for the animals.
The proceedings became heated when Fong’s attorney, Scott Clippinger, began his cross examination of the SPCA executive director.
Clippinger questioned Hedlund on the shelter’s kenneling charges, her knowledge of the veterinarian’s assessment of the dogs, the disposal of remains and even the section of New York State Law under which the SPCA’s petition was filed.
“Mr. Clippinger is cleverly trying to confuse the court,” accused Ferrarese, as he raised one objection after another to the opposing counsel’s line of questioning.
“This is a mess,” declared Clippinger. “Our position is that this was an illegal taking.”
“Mr. Clippinger, you made some very good points,” said Weidman after several minutes of deliberation. Many of those points, the judge advised, would be more appropriate for the criminal trial. “They’re not for today,” he said.
In a decision that he said was in the best interest of the dogs, Weidman ruled in favor of the petitioner. He then addressed the defendant.
“Mr. Fong, at any given time, you have the ability to stop the costs by surrendering the animals to the SPCA,” the Town Justice explained. “This is not a one time charge. This is for the first 30 days. They will continue to escalate.”
Under Ag and Market law, the SPCA is within its rights as an impound facility to petition the court every 30 days for the continued cost of care for the animals.
Fong would post the cash bond with the court itself, rather than to the SPCA. The shelter will then present invoices and receipts to the court for the reimbursement of their expenses.
“I’m pleased with the decision,” said Hedlund.
“I think the judge made the correct decision,” said the SPCA’s legal counsel following the verdict. “I am very happy to know that these dogs will have a safe environment for the foreseeable future.”
“I’m happy for the organization I represented here today,” Ferrarese later added. “They provide a valuable service for our community and are often under appreciated.”
To date, Fong has been charged with 76 counts of failure to provide for an impounded animal, 38 counts of cruelty to animals and one count of false impersonation. His criminal trial is scheduled to begin Monday, Nov. 3 in the Town of Oxford Court.
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