Animal cruelty case moved to Mount Kisco

By JEFF MORRIS 

Though the case against Penny Berk, the owner of Rescue Right and Northwind Kennels, was on the Bedford Town Court calendar for Wednesday, Oct. 9, that turned out to be a formality.

In fact, according to Ernest Lungaro, director of humane enforcement at SPCA Westchester, he was informed the case has been moved to Mount Kisco Justice Court. However, he said, no court date has yet been set.

It was Lungaro who made the arrest of Berk on July 18, charging her with five counts of animal cruelty. The charges were based on the discovery of four sick Bernese mountain dog puppies and their mother, at the animal rescue organization Berk runs along with Northwind Kennels. All were suffering from distemper and had to be euthanized.

Berk pleaded not guilty to the charges when she was arraigned in Bedford Town Court, and her next scheduled appearance, Aug. 28, was subsequently  postponed. 

The case had then been on the docket in Bedford on Sept. 25, with a full house of spectators on hand, but both Town Justice David Menken and Town Justice Jodi Kimmel recused themselves. At that time, Menken said either another judge would be brought in, or the case would be moved, and it was adjourned until Oct. 9.

As of Wednesday, the Bedford court clerk said the case was “on the calendar for control purposes only and no appearances are required.” 

That same day, Lungaro was notified it would be heard in Mount Kisco, though when is not yet known.