Penny Berk strikes plea deal in animal cruelty case

Rescue Right/Northwind Kennels was the scene of a fire that destroyed one building in December. Bedford fire department photo

Penny Berk can’t own or rescue animals for one year

By JEFF MORRIS 

The years-long court case against Penny Berk, owner of Rescue Right and Northwind Kennels in Bedford, appears to have finally come to an end.

In Mount Kisco Town Court on Thursday, Jan. 22, Berk appeared shortly after 6 p.m. with her attorney, Anthony Siano, before Judge Mark Farrell, and agreed to an “Order and Conditions of Adjournment in Contemplation of Dismissal.”

The agreement stipulates that “if the defendant fails to comply with the terms and conditions,” the matter will be “placed back on the regular calendar for further proceedings.”

Under the terms of the agreement, Berk must, within 90 days, remove any and all rescue animals which are still housed in the facility of Rescue Right in Bedford.

“Failure to do so will be considered a violation of the Agreement,” it said. “Defendant will be allowed to place for adoption any and all animals which are still housed, as of January 22, 2026 at Rescue Right, which is owned by the Defendant.”

The agreement goes on to state that for one year, “the defendant will forbear accepting or procuring by any means any Rescue Animals, including and not limited to Dogs and Cats.” It says she will not own any rescue animals or place any for adoption for a period of one year, and Rescue Right will be inspected “by members of the Agriculture & Markets Agency throughout the one-year period.”

Berk had been on two dockets, as a result of having been arrested twice on a total of seven counts of animal cruelty. The agreement states, “Both of the Dockets will be placed on the Court calendar every 90 days for control purposes. If there are no violations of the agreement within the first 6 months of this agreement the People will join in the Application for a 6 Month Adjournment in Contemplation of Dismissal. All terms and conditions will remain in effect during the period of the Adjournment in Contemplation of Dismissal.”

After being asked by Farrell whether she agreed to each of the stipulations, Berk answered “yes.” She then signed the agreement.

Deputy Bureau Chief Philip Mellea of the Westchester District Attorney’s Office said that as long as they have proof of compliance, there is no need for Berk to appear in court April 23, which will be the 90-day control date. She doesn’t need to appear again until six months is up, in July. This was accepted by the defendant, and the session came to an end. It was all over by 6:15.

The quick resolution was in stark contrast to the amount of time it took to reach it. 

Berk was charged by the SPCA Westchester Humane Law Enforcement Unit with five counts of animal cruelty in July 2024, and with another two counts in November of that year. The charges traced back to the discovery of a Bernese mountain dog and five of her puppies, all suffering from distemper, in October 2023, and the discovery that same month of two cattle dog/Australian shepherds also suffering from distemper. All of the animals had to be euthanized. In all cases, it was alleged that the dogs could have been saved if they had received proper medical treatment in a timely manner, but that Berk had failed to provide such care.

The SPCA investigation took months before charges were brought, and delays, postponements, a change of venue and a town justice’s recusal followed.

It was at a May 1 appearance that the District Attorney’s Office proposed a deal, under which Berk would plead to a count on the five-point docket, with the other docket being dismissed.

She would receive one year of probation, and would have to divest ownership of both Northwind Kennels and Rescue Right within nine months. Siano requested time for his client to review the offer; court dates were then scheduled and again repeatedly adjourned, though Siano said he did not request the delays. 

The agreement that was finally agreed to is noticeably different from the one originally proposed. Most noticeably, it does not mention divesting ownership.

The last adjournment came in December, just days after a two-alarm fire destroyed a Northwind Kennels building, forcing the relocation of a number of rescued dogs. 

That incident was illustrative of a palpable divide within the community that has persisted between Berk’s supporters and her detractors. Berk posted on social media on the day of the fire, saying they had a total of “44 dogs between rescue dogs and boarders.” But others posted that her count was inaccurate, claiming there were many more dogs. 

People have also made allegations of abuse and neglect online, but others defended Berk, recounting her generosity and their good experiences adopting pets from her.

That divide was on display after last week’s court date, as a group of Berk loyalists, gathered around her car in the court parking lot, were heard being confronted by a man emerging from court who shouted, “Shame! Shame!” He was met by shouts from the group, calling her critics “weirdos” and “cross-dressers.”

One allegation that has been made is that Berk was falsely claiming donations to Rescue Right were tax-deductible. Documentation on the IRS website shows that Rescue Right was granted tax-exempt status on March 6, 2020, but that the 501(c)(3) status was revoked on May 15, 2021, and was never reinstated. 

In an email sent to a Bedford resident in November, George Hlapatsos, Westchester’s Chief Assistant District Attorney, said he was able to advise “that the Attorney General’s Office very recently confirmed to the DA’s Office that its investigation into some of Ms. Berk’s financial activities is continuing independently of the proposed disposition of the pending criminal charges and remains active at this time.”

The Recorder has made repeated attempts to learn the status of any investigation by the state Attorney General’s Office, but the response has been that they are “aware and reviewing the matter” and “don’t have anything to share at the moment.”