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.