Another twist in Oxford dog case
GREENE – The ruling of a Greene judge places doubt on the ownership of 76 dogs seized by Sheriff’s deputies in October.
Town of Greene Justice Dante Acunto, who was assigned to the Steven W. Fong case after Oxford Town Justice John Weidman recused himself last month, ruled Friday that the dogs were still under “the control of the court,” and should be in the custody of the Chenango County Sheriff’s Department.
The order attempts to vacate a ruling issued by Weidman which placed ownership of the dogs with the Chenango County SPCA. Weidman’s decision had already been tested once by Attorney Scott Clippinger, when he sought a stay from the state’s highest court. In that instance, Supreme Court Judge Kevin M. Dowd upheld Weidman’s decision.
Acunto’s ruling was met with consternation by Chenango County District Attorney Joseph McBride, who plans to handle the case personally from this point forward.
“Such an order causes havoc with ownership,” McBride said. “The judge is without the authority to vacate an order issued by another judge which granted title of the dogs to the SPCA.”
According to the SPCA’s legal counsel, attorney Michael Ferrarese, a large majority of the Pomeranians have already been adopted out.
“The civil case ended in November. The dogs became property of the SPCA in November pursuant to the order issued by Judge Weidman,” said Ferrarese, who took on the case on a pro bono basis.
“I am not intimately familiar with what is happening in the criminal case, but the judge does not have jurisdiction or authority to issue a stay order on any party that is not involved in the criminal action,” Ferrarese stated.
According to McBride, Fong is next scheduled to appear before Acunto on Feb. 12. A trial date for the criminal proceedings against Fong has not yet been set.
The Brooklyn man has been charged with a total of 115 misdemeanors for failing to provide for an impounded animal, animal cruelty and false impersonation.
Fong’s attorney, Scott Clippinger, could not be reached for comment.
Town of Greene Justice Dante Acunto, who was assigned to the Steven W. Fong case after Oxford Town Justice John Weidman recused himself last month, ruled Friday that the dogs were still under “the control of the court,” and should be in the custody of the Chenango County Sheriff’s Department.
The order attempts to vacate a ruling issued by Weidman which placed ownership of the dogs with the Chenango County SPCA. Weidman’s decision had already been tested once by Attorney Scott Clippinger, when he sought a stay from the state’s highest court. In that instance, Supreme Court Judge Kevin M. Dowd upheld Weidman’s decision.
Acunto’s ruling was met with consternation by Chenango County District Attorney Joseph McBride, who plans to handle the case personally from this point forward.
“Such an order causes havoc with ownership,” McBride said. “The judge is without the authority to vacate an order issued by another judge which granted title of the dogs to the SPCA.”
According to the SPCA’s legal counsel, attorney Michael Ferrarese, a large majority of the Pomeranians have already been adopted out.
“The civil case ended in November. The dogs became property of the SPCA in November pursuant to the order issued by Judge Weidman,” said Ferrarese, who took on the case on a pro bono basis.
“I am not intimately familiar with what is happening in the criminal case, but the judge does not have jurisdiction or authority to issue a stay order on any party that is not involved in the criminal action,” Ferrarese stated.
According to McBride, Fong is next scheduled to appear before Acunto on Feb. 12. A trial date for the criminal proceedings against Fong has not yet been set.
The Brooklyn man has been charged with a total of 115 misdemeanors for failing to provide for an impounded animal, animal cruelty and false impersonation.
Fong’s attorney, Scott Clippinger, could not be reached for comment.
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