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Fate of 77 dogs remains in limbo

By: Melissa Stagnaro, Sun Staff Writer

Nov 6th, 2008.
Reprinted with permission by THE EVENING SUN www.evesun.com

OXFORD - At 4:21 p.m. Wednesday, 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.

"Mr. Fong was unable to raise the sixty-five thousand dollars. However, he has, for the time-being, retained ownership of the dogs," stated Attorney Scott Clippinger, who has been retained as legal counsel by Fong.

SPCA Executive Director Carol Hedlund and one of the non-profit organization's board members, Courtney Sullivan, waited out the deadline with Oxford Town Justice John Weidman. They were unaware that a last-minute decision by the New York Supreme Court had put the transfer of ownership of the dogs on hold.

"[The] Supreme Court granted a temporary stay of the decision of Judge Weidman pending a hearing and the resolution of challenges to the decision," said Clippinger. "The stay leaves the ownership of the dogs with Mr. Fong."

Clippinger also reported that a notice of appeal of the civil decision has been filed as well as a motion to dismiss the criminal charges against Fong.

Attorney Michael Ferrarese, who is representing the SPCA on a pro bono basis, was served with the documents yesterday at or around 4 p.m. He has not had the opportunity to meet with his client to discuss their strategy going forward, but said that he will be putting in responding papers.

"We will fight this vigorously," said Ferrarese. The attorney did not set a time frame for his response, but said it would be prepared well in advance of the Nov. 21 trial date set forth in the documents he received.

As of press time, Judge Weidman had not yet been officially notified of the higher court's decision.

The animals in question were seized from Fong by Sheriff's Deputies and the SPCA in early October after an anonymous tip prompted the law enforcement agency to investigate an Oxford property owned by the Brooklyn resident.

When deputies executed a warrant at Fong's property at 145 Williams Road on Oct. 12, they discovered the 76 Pomeranians as well as the remains of 38 additional animals.

One additional dog, a pit bull, was taken into custody on Oct. 13, following Fong's arrest.

Since that time, the dogs have been housed at the SPCA shelter in Norwich, where they have received medical attention and care. The SPCA filed a petition with the court on Oct. 20 to recoup their expenses for the first 30 days of care for the animals.

Fong appeared on the civil charges in the Oxford court on Oct. 28. Following the heated, hour-long hearing, Weidman found in favor of the SPCA and ordered Fong to post a cash bond with the court no later than 4:20 p.m. on Nov. 5.

Without the intervention of the State Supreme Court, Fong's forfeiture of ownership would have been automatic when he missed the deadline.

Fong currently faces up to 115 years in prison, one year for each of the misdemeanor charges against him. Those charges consist of 76 counts of failure to provide for an impounded animal, 38 counts of animal cruelty and once count of false impersonation.