Dowd issues stay in dog case
NORWICH – The Chenango County SPCA will continue to have control of the 76 Pomeranians seized in the Steven W. Fong case, pursuant to an order to show cause with a temporary stay issued by Chenango County Supreme Court Judge Kevin M. Dowd.
The ruling, which was filed with the Chenango County Clerk’s Office today, stays an order issued on Jan. 9 by Town of Greene Court Judge Dante Acunto. Acunto’s order attempted to reverse a decision made by Judge John Weidman in the civil proceedings between Fong and the SPCA, which placed possession and control of the animals with that agency.
When Acunto denied a request by the District Attorney’s office to revisit the issue in mid-January, Assistant District Attorney Steven Dunshee filed a Notice to Show Cause with the higher court.
According to Dunshee, Acunto did not have the authority to vacate an order in the civil matter as it did not fall under the auspices of the criminal case he (Acunto) was assigned after Weidman recused himself in December.
Dunshee took umbrage with remarks made by Fong’s attorney, Scott Clippinger, which insinuated that the DA’s office did not have any respect for the Greene judge.
“That’s not true,” said Dunshee. “We have for respect for Judge Acunto and his court. This is a legal argument.”
The parties are scheduled to appear before Judge Dowd at 2 p.m. on Wednesday, Feb. 25 in the Chenango County Court House.
The ruling, which was filed with the Chenango County Clerk’s Office today, stays an order issued on Jan. 9 by Town of Greene Court Judge Dante Acunto. Acunto’s order attempted to reverse a decision made by Judge John Weidman in the civil proceedings between Fong and the SPCA, which placed possession and control of the animals with that agency.
When Acunto denied a request by the District Attorney’s office to revisit the issue in mid-January, Assistant District Attorney Steven Dunshee filed a Notice to Show Cause with the higher court.
According to Dunshee, Acunto did not have the authority to vacate an order in the civil matter as it did not fall under the auspices of the criminal case he (Acunto) was assigned after Weidman recused himself in December.
Dunshee took umbrage with remarks made by Fong’s attorney, Scott Clippinger, which insinuated that the DA’s office did not have any respect for the Greene judge.
“That’s not true,” said Dunshee. “We have for respect for Judge Acunto and his court. This is a legal argument.”
The parties are scheduled to appear before Judge Dowd at 2 p.m. on Wednesday, Feb. 25 in the Chenango County Court House.
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