Another delay in Berk animal abuse case

By JEFF MORRIS

In the latest of a long series of delays, the SPCA Westchester animal cruelty case against Penny Berk, owner of Bedford’s Rescue Right animal rescue organization and Northwind Kennels, has been rescheduled for April 10 — this time, at the people’s request.

Originally scheduled to be heard in Bedford last Aug. 28, that appearance was postponed until Sept. 25. At that time, Bedford Town Justice David Menken announced the case would have to be reassigned or moved because both he and Town Justice Jodi Kimmel had recused themselves. Adjourned until Oct. 9, the case was moved to Mount Kisco Justice Court, where it was to be heard Jan. 23.  

However, Berk’s attorney, Anthony Siano, requested a postponement, and the case was rescheduled for March 13. On that date, Siano requested another postponement, and it was rescheduled for March 27.

The case finally came up again before Judge Mark Farrell on that date, but now it was the assistant district attorney who requested a two-week adjournment. He said his office was attempting to get hold of a couple of documents and had thus far been unsuccessful. 

The judge agreed to allow the delay while the documents were being sought, and Siano and Berk, who were both present, had no objection.

The case, which consists of five counts of animal cruelty filed last July and two additional counts filed in November, all based on failure to vaccinate or treat dogs suffering from distemper, is now scheduled for Thursday, April 10, at 6 p.m., in Mount Kisco.

The Recorder reached out to the Westchester District Attorney’s office in an attempt to learn what the documents were that were still being pursued, but had not been able to obtain that information by this issue’s deadline.