SPCA dog case heads to state supreme court
NORWICH – Attorneys for the SPCA and Steven W. Fong, the Brooklyn man from whom a total of 77 dogs were seized in October, will appear before Judge Kevin M. Dowd of the New York State Supreme Court at the Chenango County Courthouse today.
The hearing is in response to a civil petition filed by the SPCA on Oct. 20 in which the non-profit organization sought to recoup its expenses for the first 30 days of care for Fong’s 76 Pomeranians and one pit bull. The dogs have been housed at the shelter since they were removed from Fong’s property at 145 Williams Rd. in Oxford by sheriff’s deputies.
On Oct. 28, Oxford Town Justice John Weidman decided in favor of the SPCA and ordered Fong to post a cash security bond with the court in the amount of $65,465. Fong was given until 4:20 p.m. on Nov. 5 to post the bond. He was told if he failed to do so by the deadline, he would forfeit ownership of the animals to the SPCA.
An eleventh hour restraining order issued by Judge Kevin M. Dowd temporarily stayed Weidman’s decision, allowing Fong to retain ownership of the dogs for the time being. They continue to be cared for and housed at the SPCA animal shelter in Norwich.
The SPCA will be represented at the 10:30 a.m. hearing by Attorney Michael Ferrarese of Lee, Emerson and Ferrarese. Ferrarese has taken the case on a pro bono basis.
Attorney Scott Clippinger, acting as Fong’s legal counsel, filed the motion requesting the stay. He has also filed a motion with the court to dismiss the criminal charges against his client.
Fong has been charged with a total of 115 misdemeanors, including 76 counts of failing to provide for an impounded animal and 38 counts of cruelty to animals. He also faces one count of false impersonation for misrepresenting himself to law enforcement officer in the early stages of the investigation. Each misdemeanor could carry a sentence of up to one year in jail.
A date has not been set for the criminal trial, which will take place before Weidman in the Town of Oxford Court. A pre-trial conference is scheduled for early December.
The hearing is in response to a civil petition filed by the SPCA on Oct. 20 in which the non-profit organization sought to recoup its expenses for the first 30 days of care for Fong’s 76 Pomeranians and one pit bull. The dogs have been housed at the shelter since they were removed from Fong’s property at 145 Williams Rd. in Oxford by sheriff’s deputies.
On Oct. 28, Oxford Town Justice John Weidman decided in favor of the SPCA and ordered Fong to post a cash security bond with the court in the amount of $65,465. Fong was given until 4:20 p.m. on Nov. 5 to post the bond. He was told if he failed to do so by the deadline, he would forfeit ownership of the animals to the SPCA.
An eleventh hour restraining order issued by Judge Kevin M. Dowd temporarily stayed Weidman’s decision, allowing Fong to retain ownership of the dogs for the time being. They continue to be cared for and housed at the SPCA animal shelter in Norwich.
The SPCA will be represented at the 10:30 a.m. hearing by Attorney Michael Ferrarese of Lee, Emerson and Ferrarese. Ferrarese has taken the case on a pro bono basis.
Attorney Scott Clippinger, acting as Fong’s legal counsel, filed the motion requesting the stay. He has also filed a motion with the court to dismiss the criminal charges against his client.
Fong has been charged with a total of 115 misdemeanors, including 76 counts of failing to provide for an impounded animal and 38 counts of cruelty to animals. He also faces one count of false impersonation for misrepresenting himself to law enforcement officer in the early stages of the investigation. Each misdemeanor could carry a sentence of up to one year in jail.
A date has not been set for the criminal trial, which will take place before Weidman in the Town of Oxford Court. A pre-trial conference is scheduled for early December.
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