Court ruling puts seized Pomeranians in SPCA's hands
NORWICH – New York State Supreme Court Justice Kevin M. Dowd lifted the temporary stay on a ruling in the Town of Oxford Court which ordered the forfeiture of 77 dogs previously owned by Steven W. Fong to the Chenango County SPCA if a $65,465 cash security was not posted by Nov. 5.
Without the stay and in the absence of payment, ownership of the 76 Pomeranians and one pit bull seized by Sheriff’s deputies from Fong in October will now transfer to the SPCA.
Dowd’s decision stated that “after review of the submissions and consideration of the oral arguments, the court finds that it does not have jurisdiction in the instant case. ...The temporary restraining order issued by this Court on November 5, 2008 is vacated immediately and the case is dismissed.”
Dowd handed down his ruling Friday after hearing oral arguments from both attorney Scott Clippinger, representing Steven Fong, and attorney Michael Ferrarese of Lee, Emerson and Ferrarese, who is representing the SPCA on a pro bono basis in the civil proceedings.
Clippinger filed the motion to show cause and requested the restraining order in the higher court on Nov. 5. He began his arguments by describing his client’s attachment to the dogs, which he had moved from his primary home in Brooklyn to a double -wide trailer in the Town of Oxford. He described Fong’s relationship with the dogs like “family.”
He criticized the accusation that the dogs were not being properly cared for and alleged the health of the animals was “ideal.” He expressed his frustration with the civil hearing in Oxford and claimed he was kept from cross-examining the SPCA’s director Carol Hedlund during the proceedings.
Clippinger also claimed the SPCA’s charges were not “reasonable” and expressed his belief that the criminal case against Fong would be dismissed. It would be more than unfair to his client, he said, if the dogs were permanently lost because he could not pay the $65,465 and then he was found innocent of those criminal charges.
In his closing statements during the hearing, Clippinger expressed his belief that the damage done by adopting out the dogs would be irreparable.
In his response, Ferrarese first addressed the jurisdictional issues of the petition filed by Clippinger on Nov. 5. and accused the opposing counsel of violating “the spirit of the uniform rule” by not providing proper notice of the filing.
“This order should be vacated immediately,” said Ferrarese.
The SPCA’s attorney also took issue with Clippinger’s repeated use of the word “euthanization” in his filing.
“When you first read it, it shocks the conscience,” said Ferrarese. “I want to be very clear to the court, that we are a last-resort euthanization organization.”
Ferrarese also asked the judge to quash a subpoena issued by Clippinger demanding SPCA Executive Director Carol Hedlund appear at his Smyrna offices. The subpoena was served shortly before 5 p.m. on Friday, Oct. 14, commanding Hedlund to appear on the morning of Monday, Oct. 17. The SPCA’s attorney asserted that Clippinger was not entitled to discovery at this phase of the proceeding.
“I think you’re absolutely right,” Dowd agreed.
“I’m not going to substitute my judgment for Judge Weidman’s,” said Dowd, explaining his role as making sure that proper procedure was observed in the original hearing not to render a new verdict.
Counsel on both sides received word of the judge’s decision by early afternoon.
“I’m disappointed,” said Clippinger, after learning of the ruling. “There are equity issues here. It seems that no one cares for Mr. Fong.”
“For me it is very cruel to remove the dogs from his care and possession,” he continued.
What will Clippinger’s next step be? “There are always options for appeal,” said Fong’s legal counsel.
Clippinger said he believed it would still be possible to post the cash security bond despite the long-elapsed deadline. The defense attorney planned to consult with the real estate lawyer handling the sale of Fong’s historic brownstone in Brooklyn’s Clinton Heights neighborhood, which is expected to sell in the $2 million range, to discuss ways of raising the $65,465 needed.
Judge Weidman was not available for comment regarding whether or not Fong will still have an opportunity to post that security bond or if his forfeiture of the animals is retroactive to the original Nov. 5 deadline.
Ferrarese said he felt the decision was a victory for not only for the Chenango County SPCA, but also other impounding agencies across the state.
“It allows these organizations to collect on the extreme expenses they incur when extraordinary situations like this occur,” he stated. “It is critical to our communities, and communities throughout the state, that we have financially sound SPCAs to take care of domesticated animals that are lost, neglected or abused.”
Judge Dowd’s decision came as a relief to Hedlund. Caring for the large number of dogs has strained the shelter’s resources and space limitations.
Now with the dogs legally in their possession, the only thing keeping the SPCA from adopting them out is clearance from the consulting veterinarians, Dr. Jo Olver and Dr. Sarah Grote of Jockeyport Veterinary Services in Afton.
Hedlund said she has received clearance for the pit bull, which was taken into custody when Fong was arrested on Oct. 13, and hopes to have him placed in a home this week.
The executive director anticipates receiving the go-ahead for many of the Pomeranians within the next week. The animals were in very poor health when they were taken from Fong’s property at 145 Williams Road in October, she explained. Their condition has greatly improved while in the SPCA’s care, she added.
One of the hold ups in getting clearance has been the lack of documentation on the dogs.
“We don’t have any medical history on them, so it’s been starting from scratch from the veterinary perspective,” she explained.
When the dogs are ready for adoption, Hedlund said she is confident she will be able to find homes for them. Her goal is to adopt out as many of the Poms as possible.
“There are at least 60 people who have expressed an interest,” she said. “Many more have come forward to volunteer and donate items.”
Each family will be thoroughly screened to make sure they can provide a suitable home for one of the dogs. The SPCA will also need to arrange for each of the animals to be spayed or neutered before they can be placed with a family.
Without the stay and in the absence of payment, ownership of the 76 Pomeranians and one pit bull seized by Sheriff’s deputies from Fong in October will now transfer to the SPCA.
Dowd’s decision stated that “after review of the submissions and consideration of the oral arguments, the court finds that it does not have jurisdiction in the instant case. ...The temporary restraining order issued by this Court on November 5, 2008 is vacated immediately and the case is dismissed.”
Dowd handed down his ruling Friday after hearing oral arguments from both attorney Scott Clippinger, representing Steven Fong, and attorney Michael Ferrarese of Lee, Emerson and Ferrarese, who is representing the SPCA on a pro bono basis in the civil proceedings.
Clippinger filed the motion to show cause and requested the restraining order in the higher court on Nov. 5. He began his arguments by describing his client’s attachment to the dogs, which he had moved from his primary home in Brooklyn to a double -wide trailer in the Town of Oxford. He described Fong’s relationship with the dogs like “family.”
He criticized the accusation that the dogs were not being properly cared for and alleged the health of the animals was “ideal.” He expressed his frustration with the civil hearing in Oxford and claimed he was kept from cross-examining the SPCA’s director Carol Hedlund during the proceedings.
Clippinger also claimed the SPCA’s charges were not “reasonable” and expressed his belief that the criminal case against Fong would be dismissed. It would be more than unfair to his client, he said, if the dogs were permanently lost because he could not pay the $65,465 and then he was found innocent of those criminal charges.
In his closing statements during the hearing, Clippinger expressed his belief that the damage done by adopting out the dogs would be irreparable.
In his response, Ferrarese first addressed the jurisdictional issues of the petition filed by Clippinger on Nov. 5. and accused the opposing counsel of violating “the spirit of the uniform rule” by not providing proper notice of the filing.
“This order should be vacated immediately,” said Ferrarese.
The SPCA’s attorney also took issue with Clippinger’s repeated use of the word “euthanization” in his filing.
“When you first read it, it shocks the conscience,” said Ferrarese. “I want to be very clear to the court, that we are a last-resort euthanization organization.”
Ferrarese also asked the judge to quash a subpoena issued by Clippinger demanding SPCA Executive Director Carol Hedlund appear at his Smyrna offices. The subpoena was served shortly before 5 p.m. on Friday, Oct. 14, commanding Hedlund to appear on the morning of Monday, Oct. 17. The SPCA’s attorney asserted that Clippinger was not entitled to discovery at this phase of the proceeding.
“I think you’re absolutely right,” Dowd agreed.
“I’m not going to substitute my judgment for Judge Weidman’s,” said Dowd, explaining his role as making sure that proper procedure was observed in the original hearing not to render a new verdict.
Counsel on both sides received word of the judge’s decision by early afternoon.
“I’m disappointed,” said Clippinger, after learning of the ruling. “There are equity issues here. It seems that no one cares for Mr. Fong.”
“For me it is very cruel to remove the dogs from his care and possession,” he continued.
What will Clippinger’s next step be? “There are always options for appeal,” said Fong’s legal counsel.
Clippinger said he believed it would still be possible to post the cash security bond despite the long-elapsed deadline. The defense attorney planned to consult with the real estate lawyer handling the sale of Fong’s historic brownstone in Brooklyn’s Clinton Heights neighborhood, which is expected to sell in the $2 million range, to discuss ways of raising the $65,465 needed.
Judge Weidman was not available for comment regarding whether or not Fong will still have an opportunity to post that security bond or if his forfeiture of the animals is retroactive to the original Nov. 5 deadline.
Ferrarese said he felt the decision was a victory for not only for the Chenango County SPCA, but also other impounding agencies across the state.
“It allows these organizations to collect on the extreme expenses they incur when extraordinary situations like this occur,” he stated. “It is critical to our communities, and communities throughout the state, that we have financially sound SPCAs to take care of domesticated animals that are lost, neglected or abused.”
Judge Dowd’s decision came as a relief to Hedlund. Caring for the large number of dogs has strained the shelter’s resources and space limitations.
Now with the dogs legally in their possession, the only thing keeping the SPCA from adopting them out is clearance from the consulting veterinarians, Dr. Jo Olver and Dr. Sarah Grote of Jockeyport Veterinary Services in Afton.
Hedlund said she has received clearance for the pit bull, which was taken into custody when Fong was arrested on Oct. 13, and hopes to have him placed in a home this week.
The executive director anticipates receiving the go-ahead for many of the Pomeranians within the next week. The animals were in very poor health when they were taken from Fong’s property at 145 Williams Road in October, she explained. Their condition has greatly improved while in the SPCA’s care, she added.
One of the hold ups in getting clearance has been the lack of documentation on the dogs.
“We don’t have any medical history on them, so it’s been starting from scratch from the veterinary perspective,” she explained.
When the dogs are ready for adoption, Hedlund said she is confident she will be able to find homes for them. Her goal is to adopt out as many of the Poms as possible.
“There are at least 60 people who have expressed an interest,” she said. “Many more have come forward to volunteer and donate items.”
Each family will be thoroughly screened to make sure they can provide a suitable home for one of the dogs. The SPCA will also need to arrange for each of the animals to be spayed or neutered before they can be placed with a family.
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