By JEFF MORRIS
The case against Penny Berk, owner of Rescue Right and Northwind Kennels in Bedford, continues to grow.
On Nov. 7, Berk was arrested and fingerprinted by SPCA Westchester Humane Law Enforcement Unit director, Ernest Lungaro, on two additional counts of animal cruelty, bringing the total number of counts against her to seven.
The arrest, and subsequent arraignment, took place in Mount Kisco Justice Court, where the case had been moved after both Bedford town justices recused themselves.
Berk’s next court date in Mount Kisco is now scheduled for Jan. 23 at 6 p.m., with Justice Mark Farrell presiding. The date was changed after SPCA Westchester had already issued a press release on Nov. 13 saying it would be Jan. 6.
Rescue Right is an animal rescue organization colocated with Northwind Kennels on Route 22 in Bedford. Both are run by Berk.
Berk was previously arrested in July on five counts of animal cruelty, charged with failing to treat a Bernese mountain dog named Annabelle and four of her puppies, who were suffering from distemper. All five were discovered to be too sick to respond to treatment and had to be euthanized.
In that case, Annabelle, who was unspayed, was alleged to have been brought from a puppy mill in Pennsylvania along with an unneutered male Bernese mountain dog, with whom she was co-kenneled, and by whom she was subsequently impregnated.
According to SPCA, distemper is highly preventable and treatable with proper vaccinations and timely medical care, which were not provided.
The new charges state that on Oct. 4, 2023, SPCA Westchester officials observed two cattle dog/Australian shepherd mixes in distress and displaying severe symptoms of the distemper virus while in Berk’s care. The two mixes, Felix and Nelly, were then brought to a local animal hospital where they were diagnosed with distemper, and “had to be euthanized as their condition had deteriorated to the point that they could not be saved.” SPCA said no records could be produced by Berk showing that either dog had received veterinary care.
Lungaro told The Recorder that the case had been under investigation for the past year while a timeline was established. Under that timeline, it was determined that Felix and Nelly had entered Rescue Right on or before April 30, 2023, which meant Berk had sufficient time to treat the animals.
“Felix and Nelly, like the five Bernese mountain dogs, were neglected for too long by Ms. Berk,” said the SPCA Westchester statement.
Berk has pleaded not guilty, and there has yet to be any public testimony in the case, which was postponed several times before the change in venue, and will not be heard again in Mount Kisco until the fourth week in January.
SPCA Westchester is a no-kill animal rescue center located in Briarcliff Manor and is not affiliated with any national animal welfare organizations. The organization’s HLE officers are certified and given full police powers through New York State Criminal Procedure Law and Agriculture and Markets Law. They are empowered to enforce all the laws of New York state and specifically those relating to animal cruelty, and are trained in accordance with the requirements set forth by the state Division of Criminal Justice Services.
Anyone who witnesses or suspects an animal is being abused or neglected is urged to call the SPCA’s Cruelty Hotline at 914-941-7797, and to learn more at spcawestchester.org.