GREENE – A second decision rendered Monday by a Greene judge has reduced the number of charges against a 56-year-old Brooklyn man from whom 76 dogs were seized in October.

In the ruling, Town of Greene Justice Dante Acunto “dismissed without prejudice” 77 of the pending criminal charges against Steven W. Fong. The decision was made in response to a motion filed Nov. 4 by attorney Scott Clippinger in November on Fong’s behalf.

Fong was arrested on Oct. 13, one day after Chenango County Sheriff’s Deputies executed a search warrant on a property he owned in the Town of Oxford. The warrant resulted in the seizure of 76 Pomeranians, which were brought to the Chenango County SPCA for medical attention and care. The remains of 38 additional dogs were also taken into evidence at that time.

The charges dropped included 76 counts of failure to provide for an impounded animal and one count of false impersonation. Acunto denied Clippinger’s motion to dismiss the 38 counts of cruelty to animals related to the remains of the dead dogs.

Not addressed by Acunto’s latest ruling is an additional count of cruelty to animals brought against Fong for the 76 Pomeranians. Fong was arraigned on the additional charge on Dec. 8 in the Town of Oxford Judge John Weidman. The action was the last taken by Weidman before he asked to be recused from the case.

District Attorney Joseph McBride has made clear his intention of prosecuting Fong on the remaining charges.

“The cruelty counts are still alive and well against the defendant,” McBride said in a phone interview yesterday.

The district attorney did not comment on his strategy going forward, other than to say that the one charge of animal cruelty for all 76 dogs, “may be broken up into 76 counts, depending how we choose to proceed.”

The decision is no doubt seen as a victory for Fong and his legal counsel, especially as it follows on the coattails of Acunto’s Friday ruling. The order, issued on Friday, attempts to vacate the Oct. 28 order by Judge Weidman which transferred ownership of the animals to the SPCA after Fong failed to post a $65,465 security bond with the court.

Clippinger fought unsuccessfully to have Weidman’s ruling overturned with the State Supreme Court, and has since filed a notice of appeal with Chenango County Court.

“I don’t know why they were adopted out,” Clippinger said. “If all of these charges are dismissed against Steven Fong, his property has to be returned to him.”