 | 8/11/2009 - Announcing the Winning Name for our Community Spay/Neuter Assistance FundWe asked for your vote and you came through! The new name is SNOOP-Spay Neuter Outreach Opportunity for Pets.
A total of 67 votes were tallied with half of the votes coming from online voting on their website and the other half from visitors. Two of the voters, Amber Rowe and Mallory Olsen Nichols won pet gift baskets for casting their ballot.
SNOOP is a fund that provides financial assistance to Chenango County families to help cover the costs of spaying/neutering their family pets.
“Our nation’s animal shelters are faced with the overwhelming issue of not having enough homes for the millions of animals brought into our world. Millions of animals in our country lose their lives because there is no forever home for them. Spaying and Neutering is the ONLY solution to this sad predicament,” stated Executive Director, Carol J. Hedlund.
Hedlund explained that the CSPCA receives phone calls every day from people asking for help to pay for the surgery, which in some cases can be costly. Through the SNOOP program, families who demonstrate a financial need will receive assistance and may be required to contribute towards the surgery as well.
“During the application process for assistance, families will receive education on responsible pet ownership, pet behavior tips, and referrals for veterinary care and dog obedience. The goal of the CSPCA SNOOP program is to see that the numbers of litters get reduced and that families keep their pets for their lifetime,” Hedlund said.
Stacy Smith, Board President, added that the community can help with financial contributions through our website and by purchasing Mums that are on sale now. Tickets are on sale at the CSPCA, NBT main branch and Pires. Sale continues into September.
| | 2/27/2009 - Pomeranian case back in Greene courtBy: Melissa Stagnaro, Sun Staff Writer
Reprinted with permission by THE EVENING SUN www.evesun.com
GREENE – The Brooklyn man from whom 76 dogs were seized in October said he felt like he’d been “living with a sword over his head” because of the pressure of keeping the dogs hidden, according to his arresting officer.
Sgt. Timothy Urnaitis of the Chenango County Sheriff’s Office testified Thursday that Steven W. Fong had made this and other “spontaneous declarations” after his Oct. 13 arrest on charges of animal cruelty and failing to provide for the dogs.
These admissions, which included statements that the dogs were his family and that he had believed he needed to hide them, were not prompted by questioning, said the sergeant.
Urnaitis’ testimony was part of a probable cause hearing in the Town of Greene court, called by Judge Dante Acunto as a result of an omnibus motion filed by defense counsel Scott Clippinger.
“There is ... an issue of probable cause in the affidavit to support the search warrant,” reported Clippinger at the start of the proceedings.
District Attorney Joseph McBride, who objected to the need for the hearing, agreed to go along with it “as a matter of convenience” for the court and to move the case forward.
McBride’s first witness was Debra Ives, the Chenango County Sheriff’s deputy who handled the initial investigation.
According to Ives, she first responded to the residence at 145 Williams Road in Oxford on Oct. 10 after receiving a complaint. When she knocked on the door, the windows “filled with small tan dogs” which she said appeared to be matted and covered with feces.
The deputy reported that she had walked around the residence after receiving no answer at the front door and observed more dogs in similar condition at windows at the rear of the double wide modular. She also reported hearing the bark of a larger dog from an extension at the back of the house.
Speaking with neighbors, Ives said she learned that a male subject who drove a van visited the home on a weekly basis. She asked the neighbors to notify the Sheriff’s department if they saw the van.
“The next day, we received a call,” the deputy said, which prompted her and another officer to return to the property, where they interviewed Fong for the first time.
“He stated he only had seven dogs at first,” Ives testified, which was contrary to what she herself could see through the window. He later revised that estimate, admitting to 70, she said.
According to the deputy, Fong offered to show her some of the dogs. First he brought out a pit bull, which Ives said appeared to be healthy and in good condition. Then he brought out two of the Pomeranians, which were in the same condition as those she had seen through the window on her previous visit.
Each time Fong opened the door, Ives said, she “could get a strong odor of urine and feces” even though she was standing approximately 15 feet away.
“It almost burned my eyes,” she said.
Ives reported that she had questioned Fong about whether the dogs were licensed or vaccinated. She said he told her they were not.
According to her testimony, Fong also told her that he visited the property weekly, bringing 100 lbs. of food with him each time.
After the interview, Ives said she returned to the Sheriff’s office where she began the process of securing a search warrant with Urnaitis’ assistance. The search warrant was later signed by Town of Oxford Justice John Weidman.
Next on the stand was Urnaitis himself, who testified to the events of Oct. 12, when he and other Sheriff’s deputies executed the search warrant at 145 Williams Road.
When asked to describe the conditions inside the house, the sergeant said they were “very poor.”
“The food that was left for them was tracked with feces. The water was filled with urine and feces,” said Urnaitis.
“The air was unbreathable,” he continued, reporting that the SPCA staff on hand had been equipped with respirators while he and his partner had not. “We suffered greatly from the exposure to the ammonia.”
Urnaitis said he and his partner returned to the Williams Road property the following day to take Fong into custody. At the time of the arrest, he reported, the Brooklyn man asked that his pit bull be taken to the SPCA.
SPCA Executive Director Carol Hedlund was present in court, but was not called to testify.
At the conclusion of the hearing, Acunto said he would reserve his decision for the time being as there were “multiple matters” included on Clippinger’s omnibus motion. He then set a date for the next pre-trial conference, which will be held at 3:15 p.m. on March 12.
The jury trial has been scheduled to begin on April 21. It will be the first jury trial to be held in the Town of Greene court in many years, according to Assistant District Attorney Bob Larkin.
| | 2/26/2009 - Legal arguments continue over fate of PomeraniansBy: Melissa Stagnaro, Sun Staff Writer
Reprinted with permission by the EVENING SUN www.evesun.com
NORWICH – The 76 Pomeranians adopted out by the SPCA over the last four months will stay with their new families, according to a ruling made Wednesday by Chenango County Supreme Court Judge Kevin M. Dowd.
The decision came after a hearing described by Assistant District Attorney Steve Dunshee as “yet another episode in the continuing saga” of the Steven W. Fong case.
Fong is the Brooklyn man from whom Chenango County Sheriff’s deputies seized 76 dogs and the remains of 38 additional animals on Oct. 12. The Pomeranians became the property of the SPCA in November, as a result of an order issued by Town of Oxford Justice John Weidman in the civil proceeding brought against Fong by the shelter.
Weidman recused himself from the criminal case against Fong in December, at which point it was reassigned to Greene Town Justice Dante Acunto.
One of Acunto’s first actions in the case was to issue an order on Jan. 9 which attempted to vacate Weidman’s decision in the civil suit. According to Dunshee, this ruling “has upset the whole apple cart,” and left the dogs’ new owners in a state of “horrible limbo.”
Dowd issued a temporary stay and a notice to show cause on Acunto’s order last week and called for Dunshee and Fong’s legal counsel, attorney Scott Clippinger, to appear before his court.
The issue at hand was whether Acunto had the authority to vacate the order of another judge in a civil matter which he had not been assigned.
District Attorney Joseph McBride called the Greene judge’s actions “unlawful” and contrary to the “most basic fundamentals of justice.”
The matter is causing uncertainty in the community and “people to lose their faith in the justice system,” he added.
While Dowd agreed with Clippinger that the statutory law which allows property to be forfeited before the outcome of the criminal trial is an issue that concerns the court, he maintained that the “law in the case is Judge Weidman’s ruling” and “that decision stands.”
“He (Acunto) made an order when he had no authority to make that order,” said Dowd. According to the judge, the Greene justice was only assigned the criminal matter as the civil proceedings had been concluded when Weidman recused himself.
Dunshee rejected Clippinger’s claims that sufficient evidence had not been presented before Weidman in the Oct. 28 civil proceedings for the judge to render a decision.
“Judge, I don’t want to use the ‘L’ word. ... That’s a falsehood,” Dunshee said, calling the opposing counsel’s claims “form over substance” and accusing him of “pandering to the court.”
Clippinger continued to argue for his client, claiming the dogs should have never been turned over to the SPCA as they were evidence in the case.
“What Mr. Clippinger is doing is attempting to circumvent the Ag & Market Law,” objected Dunshee.
When Clippinger raised questions about evidence which had been destroyed in the case, specifically the cremation of the remains of the deceased animals recovered from Fong’s property, Dowd cut him off.
“That’s the argument in the criminal issue; that’s not what is before me today,” said Dowd.
Clippinger also questioned Weidman’s original jurisdiction in the case, as the amount of the security bond was in excess of $65,000, well over the $3,000 limit of small claims cases handled at the town level.
“This is not a claim; this is a security,” Dowd stated. “I don’t think the $65,000 is a jurisdictional issue. ...There was a legitimate forfeiture of the animals.”
“I’m going to continue the stay,” ruled Dowd. The judge also said he would prompt Acunto to return an appeal filed by Dunshee on or about Feb. 10. The assistant district attorney had expressed concern that more than 20 days had elapsed since he had filed the motion with no response from the Greene town justice.
Dowd said he would handle that appeal when it reached his court, as Chenango County Court Judge Howard Sullivan has recused himself from the case. Sullivan’s daughter, Courtney, serves on the SPCA’s board of directors and was involved with the seizure of the animals.
Attorney Michael Ferrarese, who represents the SPCA on a pro bono basis, said his client was relieved by Dowd’s decision.
“It was confirmed that there was a lawful forfeiture of the dogs to the SPCA and that the civil proceedings were ended before the case was transferred. It’s a relief,” Ferrarese said.
Fong is scheduled to appear on the criminal charges against him at 5 p.m. tonight in the Town of Greene Court.
| | 1/12/2009 - Another twist in Oxford dog caseThe 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.
Read the full article from the Evening Sun
| | 11/24/2008 - Court ruling puts seized Pomeranians in SPCA´s handsNew 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.
Read the full article from the Evening Sun
| | 11/6/2008 - Fate of 77 dogs remains in limboWednesday, the Chenango County SPCA become the official owner of 76 Pomeranians and one pit bull, but only temporarily. Pursuant to a decision handed down last week by Oxford Town Justice John Weidman, the dogs´ owner, Steven W. Fong, would have forfeited his rights to the animals when he failed to post a cash bond in the amount of $65,465 with the court by the 4:20 p.m. deadline.
Read the full article from the Evening Sun
| | 11/5/2008 - Dog trial on hold until at least DecemberThe Brooklyn man charged with a total of 115 misdemeanors for animal cruelty and neglect will not go to trial for the criminal charges against him until at least December, according to a decision rendered Monday by the Town of Oxford Court.
Read the full article from the Evening Sun
| | 10/29/2008 - Court finds in favor of SPCAOXFORD – 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.
Read The Full Article Here
| | 10/21/2008 - Thirty-eight dead dogs add to charges against Brooklyn manClick here to read the full article on the Thirty-eight dead dogs from the Evening Sun.
|
|
