In the News

12/29/11: Pitbulls rescued from Rotterdam Storage Facility

On December 29, 2011, Officers for the Schenectady County Society for the Prevention of Cruelty to Animals were called to the Rotterdam Safe Storage facility by the Town of Rotterdam Police Department, which had received complaints of animals being improperly kept in one of their storage units. They found four pit bulls that were left there without food or water by homeless man Frank Burns. The facility was not heated or insulated. One dog there was bleeding profusely.

12/29/11: Rotterdam Animal Abuse - Four Pitbulls found in Rotterdam storage

12/29/11: Pitbulls Found in Rotterdam Storage Facility

12/30/11: Homeless Man Charged With Neglect for Leaving Pit Bulls in Self-Storage Unit

A 56-year-old homeless man who slept under a railroad trestle faces animal cruelty charges for locking four pit bulls in a self-storage unit without food or water.

Investigators say Frank Burns was evicted from his Schenectady apartment just before Christmas and tried to surrender his dogs to a shelter but was told there wasn't room. So he put them in a storage unit in Rotterdam while he slept under a trestle nearby.

Schenectady County SPCA enforcement officer Matthew Tully says animal control officers had no choice but to charge Burns because the animals wouldn't have qualified for emergency placement without an official case.

Investigators say Burns is headed to Florida and they likely won't work to extradite him for prosecution.

12/29/11: Animal Cruelty Arrest

The Schenectady County SPCA has arrested a homeless man they say left four pit bulls in a storage room without any food or water.

SPCA officers were called to a storage facility in Rotterdam after receiving animal cruelty complaints. That's where they found the four dogs. The storage room was unheated and one of the dogs was bleeding.

The SPCA says the dogs were left there by Frank Burns, 56. Burns told officials he was homeless and had no other place to go with the animals.

As of now, it appears at least two of the dogs will have to be euthanized because they are too aggressive.

According to the SPCA, Schenectady County has an animal housing crisis.

"This not just one man with four animals. This can probably be multiplied by 10 or 50 times. With the bad economy, there is no shelter in Schenectady. People don't know where to go. Call us, we will help them. More importantly, the leaders in Schenectady have to do something. There has to be shelter for these animals," said Matthew Tully, Chief Human Law Enforcement Officer of the Schenectady County SPCA.

Burns was arrested and charged with animal cruelty. Officials say he is also facing a year in jail, three years probation and/or a $1,000 fine for leaving the animals in the storage facility without food or water. Burns is also facing a $50 fine for each unlicensed dog that.

Dec. 29, 2011, Schenectady – The Schenectady County Society for the Prevention of Cruelty to Animals arrested Frank Burns, 56, currently without a residence, for leaving four pit bulls without food or water in an unheated and non-insulated storage room. SPCA officers were called to the scene by the Town of Rotterdam Police Department, which had received complaints of animals being improperly kept in a storage unit at the Rotterdam Safe Storage facility at 1110 Altamont Ave in Rotterdam. One dog there was bleeding profusely.

Rotterdam police located the owner of the dogs who stated he was homeless and had no other place to go with the animals. The SPCA executed its emergency animal sheltering procedures to care for the animals overnight as all area shelters were closed and no space was available at any local animal boarding facilities.

“This is just another example of the animal sheltering crisis this area faces,” said SPCA Chief Humane Law Enforcement Officer Mathew B. Tully. “Schenectady County needs to look at a municipal shelter like the ones in Saratoga County and the Town of Guilderland so people in dire straits have a solution aside from violating the law.”

In addition to the animal cruelty charge, Burns also received the first ticket under the SPCA’s new authority as Schenectady County’s Animal Control Officers for not having licenses for his dogs. He is facing a year in jail, three years probation, and/or a $1,000 fine for leaving the animals in the storage facility without food or water. Additionally, Burns is facing a $50 fine per dog that was unlicensed. He is scheduled to be arraigned in Rotterdam Town Court on Jan. 26, 2012 at 5 p.m. on the charges.

The SPCA expects to spend thousands of dollars for the health and boarding cost of the animals that are being held at the Animal Shelter of Schoharie Valley. The dogs will be available for adoption starting Friday morning. The SPCA is a 100 percent, volunteer-driven organization that receives no taxpayer funding. The SPCA is seeking donations to help cover the cost of veterinarian care and boarding of these animals. Donations may be sent to: Schenectady County SPCA, P.O. Box 9516, Niskayuna, New York 12309 or made online at www.countyspca.org.

The SPCA extends its thanks and offers praise to Rotterdam Police Sergeant Ryan, Police Officer Sawyer, and Animal Control Officer Longo for their assistance in this case.

For more information about this case or to speak with SPCA Chief Mathew Tully, please contact Brian Egan at (518) 640-1263 or at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

12/29/11: Man Neglected Dog

A local man faces an animal cruelty charge after he allegedly left four pit bulls without food and water in an unheated storage room.

The Schenectady County Society for the Prevention of Cruelty to Animals said Thursday that the organization also charged Frank Burns, 56, with not having licenses for the dogs.

The organization filed the charges after Rotterdam police called them to the Rotterdam Safe Storage facility at 1110 Altamont Ave. Police had been told that dogs were being improperly kept in a storage unit. One of the dog's was bleeding badly, according to the SPCA.

The SPCA said they tracked down Burns who, they said, told them he was homeless and had no other place to put the dogs.

Burns is expected to be arraigned in town court on Jan. 26.

LAW WANTS ANIMAL ADVOCATES ARRESTED – SPCA WON’T DO IT
Trap Neuter and Return Program Deemed Unlawful

December 28, 2011 – Schenectady, NY – Schenectady County SPCA chief humane law enforcement officer Mathew B. Tully announced today that the not for profit organization will not arrest anyone engaging in the controversial “trap neuter and return” (TNR) of animals. TNR is the method of humanely trapping feral cats, having them spayed or neutered, vaccinated against rabies, and then returning them to their colony to live out their lives. According to well known animal law expert and attorney, Jonathan Schopf who wrote a law review on this topic for the Albany County Bar Association (see attached), TNR is currently a crime under New York State Animal Cruelty laws punishable by imprisonment for up to one year and/or a fine up to one thousand dollars. Tully pointed out a section of the law that requires police officers to make animal cruelty arrests but allows SPCA officers discretion on whether an arrest should be made.

“The animal cruelty laws explicitly give SPCA officers the ability to not arrest persons who have violated animal cruelty laws. After reviewing the facts and circumstances surrounding several TNR programs in Schenectady and Schoharie Counties, I have directed our officers to not make arrests,” stated chief Tully. TNR is the only proven humane and effective method to manage feral cat colonies and involves a colony caretaker who provides food and adequate shelter and monitors cats’ health. TNR has been shown to be the least costly, as well as the most efficient and humane way of stabilizing feral cat populations. TNR helps the community by stabilizing the population of the feral colony and, over time, reducing it. At the same time, nuisance behaviors such as spaying, excessive noisemaking and fighting are largely eliminated, and no more kittens are born. Yet, the benefit of natural rodent control is continued.

Tully pointed out that the non-arrest policy only pertains to feral cats and not stray cats. He explained the difference as a feral cat is primarily wild-raised or has adapted to feral life, while we define a stray cat as someone’s pet who has become lost or has been abandoned. Stray cats are usually tame and comfortable around people. They will frequently rub against legs and exhibit behaviors such as purring and meowing. In contrast, feral cats are notably quiet and keep their distance. Stray cats will often try to make a home near humans – in car garages, front porches or backyards. Most are completely reliant on humans as a food source and are not yet able to cope with life on the streets.

“I am not encouraging people to violate the law. People who engage in TNR can still be arrested by the police and prosecuted by the District Attorney, but our SPCA has limited resources and we need to prioritize our law enforcement and investigative resources on things that matter such as arresting people who intentionally cause harm to animals,” said chief Tully. “I have personally written to assemblyman Tedisco and Senator Farley to ask them to amend the current laws to allow TNR programs carried out by properly incorporated humane organizations.”

The Schenectady County SPCA Emergency Hotline is 518-755-9517. All complaints remain confidential and we do not investigate anonymous calls. The Schenectady County SPCA and all of our sworn and armed humane law enforcement officers are volunteers. To help crackdown on animal cruelty please donate online at www.countyspca.org.

For more information please contact Randy Simons at (518) 755-2789, or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

12/23/11: Chief Dave Dean discusses Animal Hoarding with WNYT

Schenectady County SPCA Investigator David Dean appears on Forum 13 and discusses animal control and hoarding issues as well as the purpose of the organization and how it assists the community.

11/23/11: Don't Feed Your Pets Raw Dough, Sage

An advisory for the Schenectady County Society for the Prevention of Cruelty to Animals has a couple of Thanksgiving tips:

Sage can be the one ingredient that can make or break your stuffing but it’s also the spice that can cause a very unpleasant holiday for your pet should they eat some of it in a holiday side dish. Sage along with other herbs contains essential oils and resins that can lead to gastrointestinal problems as well as attack your dogs’ central nervous system causing depression should they eat enough of it. Cats are also very sensitive to some of these same oils found in various herbs such as sage.

Homemade bread is tasty and its aroma mixed with the smell of the turkey can make the Thanksgiving holiday even more memorable. Be careful because if your pet gets a hold and eats raw bread dough it can have serious repercussions. According to ASPCA, your pets’ body heat will cause the raw dough to rise in his/her stomach. The expansion of the dough will cause vomiting, abdominal pain and bloating which will require an immediate trip to the 24 hour pet emergency hospital.

11/22/11: SPCA Offers Holiday Pet Safety Tips

The Schenectady County SPCA is reminding people with pets that there are certain health and safety precautions they can take to ensure their pets are safe this Thanksgiving.

Here are some tips to keep pets out of harms way around the holiday season:

Turkey Threat - It’s hard to resist those puppy dog eyes looking up at you as you sit-down to Thanksgiving dinner. This is a moment when the entire family is together and because you are happy, you want your pet to be happy as well. One piece of turkey won’t hurt as you toss it down to Rover only to see it gobbled up faster than you can say Happy Thanksgiving. Beware! Any turkey that is raw or even slightly undercooked may contain salmonella bacteria.

A King’s Feast – A little bit of properly cooked turkey here, some vegetables there along with a taste of pumpkin pie won’t hurt your pet but feed them in moderation. The old cliché ‘Too Much of a Good Thing’ applies here. Pets are often perpetually hungry and over feeding them can lead to problems such as an upset stomach, diarrhea and even more harmful health problems. Over indulging your pet can cause the more serious pancreatitis which is an inflamed pancreas.

Sage Advice – Sage can be the one ingredient that can make or break your stuffing but it’s also the spice that can cause a very unpleasant holiday for your pet should they eat some of it in a holiday side dish. Sage along with other herbs contains essential oils and resins that can lead to gastrointestinal problems as well as attack your dogs’ central nervous system causing depression should they eat enough of it. Cats are also very sensitive to some of these same oils found in various herbs such as sage.

Bread Dough Danger – Homemade bread is tasty and its aroma mixed with the smell of the turkey can make the Thanksgiving holiday even more memorable. Be careful because if your pet gets a hold and eats raw bread dough it can have serious repercussions. According to ASPCA, your pets’ body heat will cause the raw dough to rise in his/her stomach. The expansion of the dough will cause vomiting, abdominal pain and bloating which will require an immediate trip to the 24 hour pet emergency hospital.

Working Hard - Veterinarians recommend that owners keep their pets on a regular diet around the holidays. One way of keeping close to this advice is distracting your animal with a toy. Try lining the inside of a new or their favorite toy with gravy or a piece of turkey. This trick will keep your pet entertained for a long time as they attempt to maneuver their little treat from the toy.

They Can’t Have Their Cake And Eat It Too – If you’re whipping up something tasty for dessert be careful because most batter contains raw eggs which again could contain salmonella bacteria.

11/21/11: SPCA Head Steps Down
Mathew Tully Preps for Upcoming Third Overseas Deployment

Matthew Tully is resigning from his position as chief of the Schenectady County SPCA, but he will continue to serve more than just the county from thousands of miles away.

Tully announced on Veterans Day he would be leaving his post as chief humane law enforcement officer due to his upcoming military deployment scheduled for July 2012. Even though Tully won’t be deploying until long after this winter’s snow has melted, he said he wants to spend more time with his family before his potentially yearlong tour. Tully is a lieutenant colonel in the New York Army National Guard.

“It is the most rewarding and pleasurable job I ever had and I leave it with a heavy heart,” Tully said. “It was an honor and it was a privilege to have held the position.”

Being the first chief of the SPCA, which is comprised entirely of volunteers, was an experience Tully said he enjoyed because he was able to help both people and animals.

“The thing that I enjoyed most was helping people. We are very good at helping people that have problems without putting them in handcuffs,” he said. “The other pleasure is saving hundreds, if not thousands, of animals from bad conditions.”

Since his announcement, Tully said two applicants for the post have come forward. He said one is a retired police officer and the other is a retired federal law enforcement officer. The fact the position is volunteer is sometimes an impediment in a search for a chief.

“The biggest problem we have whenever we do a search is the salary,” he said. “The search is ongoing and it is continuous.”

The county SPCA was formed in 2007 after people from the animal welfare community approached Tully Rinckey PLLC, specifically Tully, on getting the local organization running.

Before stepping up as chief, Tully was involved with the general SPCA for several years, but he never planned on holding the top job.

“We were originally hoping to get a retired police officer to be the head of the SPCA,” he said. “I was able to step up to the role of being the chief humane law enforcement officer.”

Besides a background in law enforcement, fundraising abilities will also be a factor in picking a successor.

“Law enforcement and fundraising ability will be critically analyzed during the selection process,” Tully said in a statement. “While the SPCA has established itself in Schenectady County, we rely heavily on donations and volunteers to run our organization.”

Tully said the county SPCA would benefit from a new person leading the organization. He said he had the skills for the “birthing” phase of the organization, but a different skill set would be appropriate for its “adolescent” and beyond.

The SPCA is at a “very high point,” he said, after its officers were recently appointed as the county animal control officers for the purpose of enforcing licensing and control of dogs.

“I like the idea of leaving at a high point,” he said. “I think there are a lot more things that could be done with the organization.”

The recently reached agreement with the county means revenue generated from fines is split evenly between the county Sheriff’s Office and SPCA. The 50 percent given to the SPCA will go towards further enforcement and the Sheriff’s Office’s half will go into an account to be used for housing animals. Any tickets issued by the SPCA will now be under penal law instead of civil law, so the District Attorney’s Office will prosecute those cases. City or town attorneys previously handled the cases.

Tully said the demand on the SPCA has only been growing over time.

“The organization now is reaching an unprecedented level of phone calls,” he said.

Being a part of the SPCA isn’t Tully’s only passion though.

Tully has been in the National Guard for 13 years after receiving an ROTC scholarship providing funding for his college education. After serving his obligation to the guard, he enrolled in law school and eventually started his law firm out of his home.

“I love being in the military just as much as I love being a humane enforcement officer,” he said. “I look forward to this year in Afghanistan.”

Previously, he was deployed in Iraq, Kuwait, Egypt, South Korea and Germany. This will be his first deployment in Afghanistan. Tully has experience as an artillery officer, but in his upcoming deployment he’ll serve as a space operations officer. He said less than one percent of people in the army are space qualified.

“(I) make sure all of the space assets are being used to protect the military and make sure space assets are not being interfered by the enemy,” he said.

Some specific duties of the position include monitoring spy satellites, global positioning systems and Blue Force Tracking, a system used to watch the positions of American soldiers.

“It is an interesting topic when lawyers come up to me and ask, ‘What do you do?’” he said.

A memorable experience for Tully was the first time his unit was attacked by an enemy during the Iraq war, which included taking rockets and motor fire.

“I have stood eye-to-eye with communists and terrorists and it is all because of military experience,” he said.

Coming back home isn’t always the easiest thing, either.

“When you go through experiences like that it is difficult to relate to people that haven’t,” he said. “(My wife) wasn’t able to experience those emotions that you go through that are there … A lot of times you don’t want to tell those things to someone you love.”

He said after returning home it can be difficult to maintain bonds created with fellow unit members while trying to balance personal and work life. The business aspect also isn’t easy; he said once he leaves some of his clients don’t stay with the law firm. On top of trying to gain back former clients, he also brushes up on legal rulings to keep his knowledge current.

Oddly enough, he said when he is deployed his life is less stressful due to the strict schedules and always knowing where he has to be and what he has to do every minute of the day. Also, he doesn’t have to worry about what to cook or eat.

“Life in a war zone is relatively stress-free without the shooting,” he said.

11/20/11: Schenectady County Doing Good Job Prosecuting Animal Abusers

Re: Nov. 16 article, “Three years probation for allowing cats to starve”: Animal cruelty is a far-reaching offense that affects a community in more ways than most citizens realize.

What many people do not recognize is that abusing animals is a precursor for crimes against humans. According to national crime statistics, 100 percent of all serial killers abused animals. The statistics for animal abuse and its correlation to child molesters, rapists, child abuse cases and domestic abuse cases is equally shocking.

I thoroughly and wholeheartedly commend Schenectady County District Attorney Robert Carney for recognizing this threat by having one of the highest conviction rates for animal cruelty crimes in the state! In the last few weeks, Assistant District Attorney Jessica Lorusso was instrumental in sentencing Wendall Smith to the maximum term of probation supervision for causing the death of several cats in March 2011 and Michael S. Perillo to the maximum jail term for the horrendous abuse of his Great Dane.

On behalf of the Schenectady County SPCA, I applaud Carney and Lorusso for their commitment to prosecuting criminals and making our community a safer place!

Mathew B. Tully

Albany

The writer is the SPCA’s chief humane law enforcement officer.

ABUSIVE CAT OWNER SENTENCED
Wendall Smith gets strict probation / Bud the cat is doing fine

Wendall Smith pled guilty to animal cruelty and was sentenced to three years probation for causing the death of several cats back in March 2011. He will not be allowed to possess any animals during this time and must follow the standard conditions under probation.

“The scene inside Wendall Smith’s home back in March was one of the more horrific conditions our officers have ever witnessed. It was beyond deplorable,” says Schenectady County SPCA chief humane law enforcement officer Mathew B. Tully.

Back in March, Smith was arrested after several cats were found dead in his home. SPCA investigators grabbed video of its conditions including the only surviving cat ‘Bud’ staggering around struggling to survive.

“He is doing great. We look at him everyday and wonder how anyone could have neglected him. He just pours out his love to you,” says Bud’s new owner.

With the details of the newest agreement between the City, County and SPCA currently being sewn up, chief Tully believes more animals like the Bud’s will be saved and that more people like the Wendall Smith’s will be prosecuted. The Schenectady County SPCA would like to thank the District Attorney’s office for the outcome and the community for their involvement in this prosecution.

“This conviction prevents any other animals from falling into the hands of this abuser. I want to remind the community that they deserve equal credit with this conviction. It was their tip on our hotline that led us to Smith’s home,” said Chief Tully.

The Schenectady County SPCA Emergency Hotline is 518-755-9517. All complaints remain confidential and we do not investigate anonymous calls. The Schenectady County SPCA and all of our sworn and armed humane law enforcement officers are volunteers. We don’t have a single paid employee so every penny goes to protecting animals. To help crackdown on animal cruelty please donate online at www.countyspca.org.

11/15/11: Cat Abuser Sentenced to Probation

A Schenectady man pled guilty to animal cruelty and was sentenced to three years probation for causing the death of several cats earlier this year.

Wendall Smith was arrested in March 2011 after several cats were found dead in his State Street home by the SPCA. Investigators grabbed video of its conditions including the only surviving cat ‘Bud' staggering around struggling to survive.

"He is doing great. We look at him everyday and wonder how anyone could have neglected him. He just pours out his love to you," says Bud's new owner.

"The scene inside Wendall Smith's home back in March was one of the more horrific conditions our officers have ever witnessed. It was beyond deplorable," says Schenectady County SPCA chief humane law enforcement officer Mathew B. Tully.

Smith will not be allowed to own any animals during his probation period.

11/15/11: Schenectady Man Gets 3 Years Probation for Animal Cruelty

A Schenectady man who pleaded guilty to animal cruelty was sentenced to three years of probation.

Wendall Smith was arrested back in March after SPCA officials found two dead cats in his State Street home, as well as a third that was barely breathing.

An official from the Schenectady County SPCA said the conditions inside Smith's home were "beyond deplorable."

The surviving cat now has a new owner who said "Bud" is doing great.

As part of his sentenced Smith will not be allowed to have any animals during the probationary period.

11/15/11: Man Accused of Cat Cruelty Learns His Fate

The Schenectady man accused of neglecting several cats in his State Street home learned his fate Tuesday.

Wendall Smith was sentenced to three years probation on Tuesday. During those three years, Smith will not be allowed to own or possess any animals.

Several cats were found dead when the SPCA raided the home in March.

Officials say the animals were living in some of the most horrific conditions their officers have ever seen.

11/12/11: Called to Serve, Schenectady SPCA Chief Resigns

A founding member of the Schenectady County Society for the Prevention of Cruelty of Animals will resign as its chief in December as he prepares for a military deployment to Afghanistan.

Mathew Tully, 38, is a lieutenant colonel in the New York Army National Guard, attached to the 42nd Infantry Division. He will train the Afghan National Police and perhaps the Afghan National Army during a year-long deployment.

The SPCA’s board of directors will look for a successor and is accepting applications for the unpaid position. Tully said the ideal candidate will be a retired police officer with command experience.

“The type of function is best served by someone with a recent law enforcement background,” he said.

Looking back on his tenure, Tully said, “I think I have done a good job forming up the SPCA and getting it to the proficiency it is at now, but there is not time in the day to do everything.”

He added, “I am leaving on a high note, and I believe the organization is ready and should obtain a new person for day-to-day cases.”

Upon his return from overseas, Tully said he would stay involved with the SPCA but would first spend time with his family.

In 2008, Tully, who also is an attorney in a fast-growing firm, and his wife, Kimberly, formed the SPCA. It was the first new SPCA chapter in New York state in 30 years.

Using a staff of volunteer peace officers, the SPCA investigated animal cruelty and abuse cases in Schenectady County, and later in Schoharie County. In October, the SPCA seized 34 cats and one dog from a Rotterdam home. It also rescued an abused Great Dane and helped with the arrest and prosecution of its owner, Michael Perillo, who is serving one year in prison for animal cruelty.

In addition, Tully won a landmark case on behalf of the SPCA against the state that puts focus on access to public records and allows the SPCA to improve the speed and quality of care while tending to animals in need.

Not everyone has welcomed the SPCA, however. Some animal rights groups have criticized the organization for not seizing more animals, an approach Tully rejects. He said he would rather work with animal owners to solve problems rather than seize animals.

When the SPCA did seize animals, the nonprofit found few places to house them within Schenectady County, Tully said. In the Rotterdam case, the SPCA filed a lawsuit against Schenectady County when officials refused to shelter and care for the animals. The county settled the lawsuit by designating SPCA peace officers as county animal control officers and allowing them to write dog license tickets. The county and the SPCA will share fines collected from the tickets. The one-year agreement also requires the county to provide and maintain vehicles for SPCA officers.

The Schenectady County Legislature approved the law Wednesday night in a 9-5 vote. The vote was one of the few in years in which majority Democrats did not vote unanimously for an agenda item. Voting against the law were Democrats Michael Petta and Martin Finn, Republicans Robert Farley, who is minority leader, and Jim Buhrmaster and Conservative Holly Vellano, who caucuses with the Democrats.

Farley called the law deficient in every regard and said it would open the county to litigation. Majority Leader Gary Hughes said he sees no problems with the law.

“The SPCA’s officers are trained peace officers who are accountable. Also, there is a short termination clause in our agreement with the SPCA. We can cancel it upon notice at anytime during the year,” he said. “If there are issues, we can void the contract and end the relationship.”

Hughes said the county has contracts with other nonprofit community organizations which can take action under the law, and the county has not had problems with them. He specifically mention the Northeast Parent and Child Society as one such group.

Tully said the SPCA has never had a complaint made against it for abuse of power. Should people have complaints, he added, they can contact the state Attorney General’s Office, which has oversight of nonprofit groups in New York.

The Animal Protective Foundation of Glenville, which has had conflicts with Tully, said the county’s new law makes no provision for housing animals seized through ticketing offenses or cruelty cases.

For the APF, the main issue is there is no dedicated community animal shelter in Schenectady County, said Marguerite Pearson, APF spokeswoman. The APF is not a shelter but a nonprofit group that takes in animals from municipalities through contracts; it says it cannot house large numbers of seized animals.

Pearson said when Tully seized animals from the Rotterdam home, the APF took in 17 cats and provided more than $200 worth of care for each animal. “This care was funded neither by the county nor the SPCA, but by our donors,” she said.

Pearson said the APF now houses the majority of all stray dogs in Schenectady County and cannot take anymore. “The APF will support any and all thoughtful and realistic efforts to improve care and justice for animals, as well as safety on our streets from dangerous dogs. We are concerned about the illusion that this legislation creates in solving these problems,” Pearson said.

Tully said the SPCA will soon announce contracts with organizations to house animals. “There are many opportunities that exist beyond the APF,” he said.

11/12/11: Hoarding: Too Many Pets and Not Enough Solutions

Neighbors complained to police for more than a dozen years about the condition of the animals living on Ann Arnold's property. They said the horses were underfed and their pasture unsafe.

An animal investigator came repeatedly to check on the horses. Once in the mid-1990s, horses and dogs were seized from Arnold but later returned. But in September, Arnold surrendered 15 horses to the Upstate New York chapter of the Society for the Prevention of Cruelty to Animals following an investigation that led to State Police charging Arnold with 19 counts of animal cruelty; she pleaded not guilty and she'll be in court again in December. Horses were removed from pastures where they had been standing knee-deep in mud, manure and urine. Many were starving, and their bodies were riddled with skin disease caused by their living conditions.

"I've been taking care of horses for half a century," Arnold said. "I did fine on my own until this summer, when the rain came."

In addition to Arnold's, other recent local cases of animal hoarding include a house in Rotterdam overrun by 47 cats; and a nonprofit rescue organization in Washington County where SPCA staff removed more than 50 dogs and 12 cats. But it is hard to track hoarding cases in New York because "hoarding" isn't included in the animal cruelty law. More challenging is solving a problem in which offenders often deny they need help and laws do little to curb the behavior.

Arnold said her herd -- what remains of quarter horses she used to show and sell -- was healthy up until the end of June, when she started looking for new homes for some of her horses.

Arnold is now under court order to allow the SPCA to come onto her property to check on the horses she refused to surrender.

SPCA officers are similar to police officers, but with a narrow mission. They are allowed by law to carry a gun and a badge, but they must have a warrant to enter someone's property without permission and a court order to seize animals. An anonymous complaint rarely persuades a judge to grant a search warrant, said Cathy Cloutier, director of the Upstate SPCA.

Experts in the field said Arnold shows the classic signs of an animal hoarder -- someone who begins with good intentions and adequate resources but then becomes overwhelmed and can no longer provide good care for their animals.

Arnold said it was a combination of crises -- the weather and financial strain caused when a medical condition made her unable to work -- that led to her horses' sorry state. Rather than charge her with a crime, Arnold said the SPCA and her neighbors should have helped her.

Many well-meaning pet owners and rescuers find themselves in trouble when they take in too many animals or when their animals' reproduction rate outstrips their ability to care for them. Others cannot face euthanasia, instead keeping animals whose quality of life is miserably low.

Holly Cheever, a veterinarian based in Voorheesville who has worked on hundreds of hoarding cases over more than 20 years, said the poor economy has led to more dumped animals and hard times for people who once could afford to properly care for a large number of animals.

Hoarding isn't new, Cheever said, but it is recognized more. Due to 10 years worth of research by a consortium hosted by Tufts University and exposure in the national media, including the TV show "Animal Hoarders," people know what hoarding is now. There is increased detection and reporting, Cheever said.

In 1997, the Hoarding of Animals Research Consortium (HARC) was formed by the Tufts Center for Animals and Public Policy, Boston University, Northeastern University, Smith College and the Massachusetts Society for the Prevention of Cruelty to Animals. The researchers came from a variety of backgrounds -- animal welfare and humane law enforcement; sociology; social work and rehabilitation services; veterinary medicine and hoarding psychology and intervention.

11/11/11: Passing of Vicious Dog Act After Lawsuit with Schenectady Sheriff

Schenectady County leaders hope to crack down on animal violations with the Vicious Dog Control Act of 2012 that gives the Schenectady County SPCA the power to issue violations.

11/11/11: SPCA Chief Resigning After Being Called Overseas

Schenectady County SPCA's chief is stepping down from his position due to a call of duty overseas.

Officer Mathew Tully says he serves as a lieutenant colonel in the New York Army National Guard and has been called to serve in Afghanistan next July. This will be his third visit to Afghanistan in seven years.

The SPCA says they are currently accepting applications for his replacement as wells as more members to its board of directors.

In the past year the SPCA helped rescued an abused Great Dane named Oliver. Michael Perill was later convicted and is now serving a year in prison for animal cruelty.

In October, the shelter rescued more than 40 cats from a Rotterdam home. That case led to changes in how Schenectady County investigates animal cruelty.

And the SPCA changed how the New York State can access public records when abused animals come into the shelter’s care.

11/11/11: Scenectady County SPCA Chief Resigns

The Schenectady County SPCA Chief Mathew Tully has announced he will resign.

Chief Tully serves as lieutenant colonel in the New York Army National Guard. In July 2012, he will deploy for an overseas tour to Afghanistan for one year.

In an effort to ensure the Schenectady County SPCA continues to flourish, Chief Tully believes it is in the best interest of the organization to pass the torch to a new and qualified candidate as he sets off to fulfill his military obligations.

Chief Tully and the Schenectady County SPCA Board of Directors are looking for a suitable successor and are currently accepting applications.

11/05/11: Hooray for Ruling Against NY Secrecy

We were gratified to see that New York's top court has not only ruled against a state agency in a case involving freedom of information but also rebuked the agency for even allowing the case to get to court in the first place.

Briefly, the case concerned a request in 2008 by the Schenectady County Society for the Prevention of Cruelty to Animals to obtain a list of veterinarians from the state Education Department, the licensing arm of the state. The SPCA wanted to enlist the support of the vets in devising a plan for protecting animals in a crisis, such as the flooding that was raging at that time.

The Education Department resisted providing the names and addresses because it didn't have the business addresses of all the county's veterinarians. For some, it had only home addresses and considered providing them an infringement on the doctors' rights to privacy.

On that point, we agree. The government should not provide home addresses. But it could have either researched the business addresses or blacked out the home addresses, when that was all that was available. This was hardly an issue on which to force expensive — more than $100,000 — court action.

The Court of Appeals had this to say in its decision: "We are at a loss to understand why this case has been litigated. It seems that an agency sensitive to its FOIL (state Freedom of Information Law) obligations could have furnished petitioner a redacted list with a few hours' effort, and at a negligible cost. It is our hope that the department, and other agencies of government, will generally comply with the FOIL obligations in a more efficient way."

Amen. Newspapers have been on the front lines of the fight for freedom of information as long as newspapers and governments have co-existed. At times, newspapers have been accused of being merely self-serving in this battle, but that is not so.

When newspapers make FOIL requests, they are trying to provide information for members of the public, who want to know but will not likely pursue answers on their own.

The way the system should work can be demonstrated by a recent example involving the Peru School District.

The Press-Republican, through the FOIL, requested documents related to the sudden departure of Dr. Thomas Stapleford, the new school superintendent. Within days, the school provided the requested documents. That shows the district's respect for the law and for the public's right to be provided with information it is legally allowed to release.

FOIL enhances a reporter's arsenal, but tenacity in quest of a fundamental right is the first line of defense.

Government must be made to be responsive to the people who own it.

10/31/11: Don't Let Something Scary Happen to Your Pet on Halloween

Thousands of kids will hit the streets Monday on a trick or treat mission to score the most candy they possibly can. While Candy, costumes and candles can make for the ultimate Halloween experience, it can lead to a scary disaster for your pet.

The Schenectady and Schoharie County SPCA has listed some pet safety tips to ensure your family and pets have an enjoyable fright fest full of laughs.

Keep your pets away from chocolate.Chocolate contains theobramine which can cause seizures in cats and dogs. Dark chocolate and Bakers chocolate are the worst because it contains the most milligrams of theobramine.

Leave your pet in a room away from the front door. Constant doorbell ringing by trick or treater’s can cause extra anxiety in your pet which can leave them feeling frightened and confused. Under this high feeling of anxiety they may feel the need to protect the household and attack or bite visitors who walk up to the door. Keeping them away from the constant traffic can ease that tension.
Candies can be as harmful as chocolate. Many Halloween candies contain xylitol. While safe for humans, it’s a harmful ingredient for your pet. Just a little can cause a drop in blood pressure and liver damage. While it’s not common some nuts, such as macadamia nuts, are dangerous to dogs. Vomiting, diarrhea and temporary paralysis are likely effects.
Keep Halloween decorations away from your pet. Candles that illuminate those pumpkins on the front porch can really set the spooky scene but they are prone to being knocked over by your animal thereby causing that candle to spark a fire. Beware of the artificial spider webs because if ingested they can lead to severe intestinal problems for your animal. Electrical cords are always a favorite chewing toy for dogs. If you are not careful a frayed wire can also lead to a fire.
Do not keep your pet outside. While Halloween is filled with innocent kids looking to get candy, the streets are also filled with mischievous pranksters. If your pet is outside all alone it makes them a perfect target.
Be careful when dressing your pet up in a costume. Often times a costume can cause extra stress on an animal that is already in a tense situation. Don’t dress up your animal or if you do make sure they are comfortable. Be on the watch for small buttons or threads on the costume that can be chewed and swallowed.
Watch out for loose change. When your child comes running in after a successful night of candy collecting, often times they’ll pour it out on the floor to see what their treasure holds. Sometimes it’s not just candy but coins as well. Dogs will eat anything and that includes loose change. Pennies can be especially dangerous because they are made of 99% zinc. If swallowed the penny will sit in the stomach and slowly dissolve often times causing anemia and kidney problems.
Make sure your animal has proper identification. Since Halloween can be very stressful many animals may feel the need to run when the door opens. If they have proper identification they will be able to return home safely. If not it may be an extremely tough task to locate them.
Have emergency contacts ready. If by chance something does happen to your pet you’ll want to call the veterinarian or animal hospital immediately. Having these numbers on your refrigerator or at the ready can take that stress of the emergency away.
Report all acts of animal cruelty to the Schenectady County SPCA. While you are out with your kids, be on the watch for any animals who look to be or are being abused. Calling the SPCA hotline 518-755-9517 can ensure an SPCA officer will be dispatched to the scene to investigate.

The Schenectady County SPCA Emergency Hotline is 518-755-9517. All complaints remain confidential and we do not investigate anonymous calls.

10/31/11: Novel Settlement Expected to Benefit County, SPCA

An upstate SPCA has apparently worked out a unique settlement in which an animal-loving attorney who showed up on the doorstep of the county jail with 25 cats becomes a ticket-writing special deputy sheriff, and the SPCA collects half the ticket revenue.

Albany Attorney Mathew B. Tully, the chief peace officer with the local Society for the Prevention of Cruelty to Animals, latched on to an obscure provision in the state Agriculture and Markets Law to forge a deal that he says will benefit animals while relieving Schenectady County taxpayers of the burden and cost of housing seized dogs, cats and other creatures.

The rarely invoked provision in §373 (4) says the county sheriff must take custody of any animals in the possession of an individual arrested by the SPCA.

Mr. Tully has been pushing the issue for three years, but cash-strapped Schenectady County and its sheriff were not keen on the idea of taking custody of stray, abused, neglected and abandoned animals, and refused to do so, according to court papers.

Push came to shove and Mr. Tully, who by his own admission is litigious, even for a lawyer, initiated a lawsuit. And if his point was not clear enough, he highlighted it by bringing the sheriff the fruits of a recent raid.

"We made an arrest and I showed up at the jail with 25 cats and said, 'Here you go,' but I was turned away," said Mr. Tully, a principal in Tully Rinckey.

Tomorrow, a Schenectady County legislative committee is expected to consider a tentative settlement agreement in SPCA v. Dagostino, 2011-2234, a case Mr. Tully says has implications for dozens of other counties across the state in which small organizations like the SPCA have the power and responsibility to enforce animal control laws but do not have their own shelter.

Under the proposed settlement, Mr. Tully and his colleagues at the SPCA, all of whom are state-designated and trained peace officers, can be granted the status of special deputy sheriffs, which makes the organization eligible to apply for law enforcement grants it previously could not access.

In return for contracting with the county to perform dog control services, the SPCA will get 50 percent of the revenue generated from the tickets written by the peace officers, including Mr. Tully. The other half goes into an account for the housing of homeless animals, according to settlement documents.

"Our SPCA is relatively new and is lawyer-heavy, unlike most animal rescue organizations which don't have a proactive approach, let alone the Tully approach of thermo-nuclear war whenever possible," said Mr. Tully, whose partner, Gregory T. Rinckey, is also an SPCA peace officer. "We were able to find this state law that has been on the books for over 100 years that says when the SPCA makes an arrest and there are animals involved the sheriff or other designated police representative must handle the animals."

For the county, the settlement would relieve it of its responsibilities under §373 (4) of the Agriculture and Markets Law, at no cost to taxpayers since ticket revenues are expected to cover expenses of caring for the animals. Mr. Tully acknowledged that the deal creates incentive for him and the other SPCA humane law enforcement officers to write tickets.

"The SPCA is an odd duck in the law in that we are a private entity with law enforcement powers," Mr. Tully said. "The ultimate end game for us is to make sure the SPCA is viable for years to come. SPCAs don't have enough money to house a cat and they certainly don't have the $20,000 it could take to litigate a case. So, we bring a unique angle to this."

Mr. Tully is quick to point out that the Schenectady SPCA has an annual budget of only $25,000, but "virtually unlimited access to legal services" through his firm. He expects to lodge a similar action in Schoharie County.

Schenectady County Attorney Christopher H. Gardner said he expects the deal will be approved Tuesday by the county legislature's public safety committee.

"We do have a vicious dog problem in Schenectady County, especially the city of Schenectady, and this will, at no cost to taxpayers, settle a lawsuit and relieve the sheriff of his duty to shelter animals under the Agriculture and Markets Law," Mr. Gardner said. "This will put 10 to 12 volunteer peace officers on the street to help enforce our ordinances."

Peace officers supplement law enforcement and can perform many of the functions of police officers, including making warrantless arrests and conducting warrantless searches, and those with additional training can carry firearms. But the jurisdiction of peace officers is usually restricted to a specific area, such as enforcing animal control laws. Criminal Procedure Law §2.10 defines more than 80 different types of peace officers.

Mr. Tully, in his law practice, handles employment and family law cases as well as representing military personnel and federal government employees. According to his website, Mr. Tully is a lieutenant colonel in the New York Army National Guard, and has "chosen to dedicate his legal career to protecting and preserving the rights of his fellow veterans and reservists."

10/28/11: Information is Your Right

We were gratified to see that New York's top court has not only ruled against a state agency in a case involving freedom of information but rebuked the agency for even allowing the case to get to court in the first place.

Briefly, the case concerned a request in 2008 by the Schenectady County Society for the Prevention of Cruelty to Animals to obtain a list of veterinarians from the State Education Department, the licensing arm of the state. The SPCA wanted to enlist the support of the vets in devising a plan for protecting animals in a crisis, such as the flooding that was raging at that time.

When newspapers make FOIL requests, they are trying to provide information for members of the public, who want to know but will not likely pursue answers on their own.

The way the system should work can be demonstrated by a recent example involving Peru Central School District. The Press-Republican, through the FOIL, requested documents related to the sudden departure of Dr. Thomas Stapleford, the new school superintendent. Within days, the school provided the requested documents. That shows the district's respect for the law and for the public's right to be provided with information it is legally allowed to release.

FOIL enhances a reporter's arsenal, but tenacity in quest of a fundamental right is the first line of defense.

Government must be made to be responsive to the people who own it.

Schenectady County Legislator Robert Hoffman today announced that he has introduced legislation that will directly confront the problems of vicious dogs in the City and County of Schenectady, "The Vicious Dog Control Act of 2012." At the same time, this legislation will resolve a legal dispute with the Schenectady County SPCA.

"We were all disturbed by the brutal dog attack that occurred in the City of Schenectady last month," said Legislator Hoffman. "As the details of the attack became known, I knew that something had to be done to control vicious animals in our City. I began speaking with Acting Mayor McCarthy and Sheriff Dagostino to discuss what could be done by the County and City to address this issue. Then recently I was advised by the County Attorney of a legal dispute between the SPCA and the County. I began to work with all parties creating a mutually beneficial agreement that will directly confront the issue of vicious dogs for our residents at no additional costs to the taxpayer."

Schenectady County will retain the SPCA as Dog Control Officer for the County of Schenectady and the SPCA agrees to release all claims against the Sheriff and the County. The agreement allows the SPCA to issue violations including failure to license and failure to confine dangerous dogs. SPCA will retain fifty percent of the fines they collect, with the remaining fifty percent used to reimburse the SPCA for shelter services and for maintaining SPCA vehicles.

Legislator Hoffman continued, "This is a win-win for all of us - Schenectady County, the City of Schenectady, the SPCA, and most importantly our residents. I especially thank the SPCA and their Chief Matt Tully and our Acting Mayor Gary McCarthy for their leadership. I look forward to working with my colleagues in the Legislature and the City to work towards solving this and other issues facing our communities."

10/21/11: Animal Cruelty and Abuse in the New York Capital Region

Schenectady County Society for the Prevention of Cruelty to Animals Chief Humane Law Enforcement Officer Mathew B. Tully gives perspective to what is perceived as a rash of animal cruelty cases hitting the New York State Capital Region.

10/18/11: Schenectady Society for the Prevention of Cruelty to Animals (SPCA) Agreement with Sheriff

Schenectady County Society for the Prevention of Cruelty to Animals (SPCA) Chief Humane Law Enforcement Officer Mathew B. Tully speaks to press about the new animal control partnership with the city and county of Schenectady.

10/18/11: SPCA, County Reveal Settlement Details

A lawsuit has spurred a new approach to animal control in hopes of improving enforcement and providing funds to address the sheltering of animals.

Schenectady County and the county SPCA on Monday, Oct. 17, announced details of a forthcoming agreement to be approved by the County Legislature next month. Under the proposal, Schenectady County SPCA officers would become county appointed animal control officers for the purpose of enforcing licensing and control of dogs.

Revenue generated from fines would be split evenly between the Sheriff’s Office and SPCA. The 50 percent given to the SPCA would go towards further enforcement and the Sheriff’s Office’s half would go into an account to be used for housing animals.

Any tickets issued by the SPCA would now be under penal law instead of civil law, so the District Attorney’s Office would prosecute such cases moving forward. City or town attorneys previously handled the cases.

In addition to funding being available to the SPCA, the county will also provide basic vehicle maintenance and when possible donate surplus operating vehicles to the SPCA.

SPCA Chief Mathew Tully said the settlement is “99.9 percent” complete and he doesn’t foresee and major changes before it’s finalized.

“There is some minor tweaking … I don’t believe there is anything here that is going to impede a settlement,” Tully said. “That agreement is going to have to the County Legislature for appointment of the SPCA as animal control officers and then final execution by the county manager.”

The plan resulted from a lawsuit filed by the SPCA in the county Supreme Court on Oct. 7 against the county Sheriff’s Department, alleging a violation of the state Agricultural and Markets Law mandating the department must take custody of any animal belonging to someone arrested by the SPCA. The SPCA is dropping all claims in the lawsuit as part of the agreement.

The arrest of Michelle Regels, 39, of Suffolk Avenue, Rotterdam, for one count of animal neglect is what led to the lawsuit. After the Oct. 6 arrest, the SPCA had 44 cats and one dog needing either medical attention or a temporary home before adoption. According to the lawsuit, the Sheriff’s Office refused to take custody of the animals.

“This mutually beneficial agreement will add an extra layer of protection for our residents at no additional cost to the taxpayers,” County Legislator Robert Hoffman, D-Schenectady, said.

Hoffman also introduced legislation, “The Vicious Dog Control Act of 2012,” during the press conference, which establishes many of the dog control elements SPCA would undertake. The proposal allows SPCA to issue violations including failure to license and failure to confine dangerous dogs.

“Last month we were all disturbed by the brutal dog attack that occurred in the City of Schenectady,” County Legislator Robert Hoffman, D-Schenectady, said. “Recently, I was advised by our county attorney of a legal dispute between the Schenectady (County) SPCA and the county. I have been consulting with the county attorney and all parties working on a resolution that would not only resolve the legal dispute, but at the same time directly confront the problem of vicious dogs in the city and throughout Schenectady County.”

Tully commended Sheriff Dominic Dagostino for working with the SPCA to establish a new animal control plan.

“The sheriff has been the subject of the lawsuit, but the sheriff has gone out of his way to be receptive of the SPCA,” Tully said. “We’ve have worked very well with him in the past and look forward to continuing to work well with him in the future.”

Also, referencing the sheriff, before Tully gave his comments he referenced a song title by Bob Marley for a one-liner.

“I just want to be clear, I did sue the sheriff, but I did not sue the deputy,” Tully said.

10/19/11: County/SPCA Plan Might Even Work

Schenectady County’s deal empowering the local Society for the Prevention of Cruelty to Animals to enforce animal licensing and cruelty laws seems like a solid start in giving area municipalities, especially the city of Schenectady, control of their domestic animal populations. But much depends on how aggressive the currently all-volunteer organization with a tiny budget can be.

Under the “Vicious Dog Control Act of 2012,” SPCA peace officers — there are currently 11 — will be allowed to cite owners for unlicensed dogs, or for animal cruelty violations. This would include hoarders, like the Rotterdam woman whose house was recently overrun by cats, or people who stage dog fights. These are both serious problems in their own right, and solving the latter would likely help with the city’s vicious dog problem.

As for enforcement of the licensing law, it’s arguable how much this will help, but there’s no harm in trying. There are clearly a lot of unlicensed dogs running around, and getting owners to buy licenses will probably encourage more spaying and neutering (since licenses for neutered pets cost much less), as well as compliance with inoculation rules.

Licensing will also raise money for municipalities, while fines will make more funds available for the county and SPCA to expand their efforts, maybe even to subsidize a spay/neuter program. Whatever the result, it’s bound to be an improvement over the status quo.

10/18/11: Animal Control Partnership with Schenectady Sheriff

10/18/11: Mathew Tully and Schenectady Sheriff - Animal Control Partnership

10/18/11: Animal Control Partnership between Mathew B. Tully and Schenectady Sheriff

10/18/11: County, SPCA Back Aggressive Dog Pact

Ten days after suing in a dispute over the custody of dozens of cats seized from a filthy Rotterdam home, the Schenectady County Society for the Prevention of Cruelty to Animals has forged a partnership with the county aimed at more aggressive enforcement against problem dog owners.

"The goal is for everyone to license their dog so there is little need for enforcement," said SPCA Chief Matthew B. Tully Monday during a news conference in front of the Schenectady County Courthouse to announce the vicious-dog control agreement.

He was joined by officials, including County Attorney Christopher Gardner, Legislator Robert Hoffman and acting Mayor Gary McCarthy. Hoffman co-sponsored the legislation that he said benefits everyone involved with no cost to taxpayers.

McCarthy hailed the agreement as a coordinated approach to combatting violent dogs and another tool to respond to individuals who should not be pet owners.

They all emphasized the joint effort is part of an ongoing education campaign to remind owners that by law they need to get their pet dogs licensed at four months old and take proper care of them.

Once the resolution, which must still be approved by county lawmakers, takes effect, SPCA peace officers will become county-appointed animal control officers with greater enforcement authority under the state Agriculture and Markets Law.

The dozen volunteer peace officers in the field will be empowered to issue tickets that start off with a $25 fine for the initial violation. Penalties would increase with each subsequent infraction.

Previously, pet owners who flouted animal control laws were issued a written or oral warning, and often there was little or no follow-up from municipalities. The revenue generated from fines, which Tully estimated at between $5,000 to $6,000 annually, would be split evenly between the SPCA and the sheriff's office. The law enforcement agency would use its portion to cover costs associated with providing shelter for neglected or abused animals in its care while the SPCA's take of the money would go toward further enforcement and equipment such as animal control poles, said Tully. The agreement also calls for the county to maintain SPCA vehicles.

It comes on the heels of several dog attacks in Schenectady over the past few months, including one where a 58-year-old city woman out for an early morning walk was savaged by three pit bulls. She is recovering. More recently, the SPCA seized 47 cats and a dog from a filthy, foul-smelling Rotterdam home. Eight cats and the dog were euthanized because they were in such poor health.

The homeowner, Michelle Regels, 39, faces one misdemeanor count of animal cruelty, punishable by up to a year in jail and a fine of $1,000.

The case also prompted the SPCA to sue Sheriff Dominic Dagostino for his alleged refusal to take custody of animals seized from the home, as required by state agriculture and markets law.

A tentative settlement was reached in the case last week, and the SPCA has agreed to drop the civil action once the vicious-dog agreement becomes law. The county attorney said that will likely be in mid-November.

10/18/11: County to Give SPCA Dog Enforcement Powers

The Schenectady County Legislature will give the local animal welfare group jurisdiction to enforce dog control and licensing laws throughout the county under an agreement announced Monday afternoon.

Mathew Tully, chief of the Schenectady County Society for the Prevention of Cruelty to Animals, said the agreement will let SPCA peace officers issue dog license tickets under state Agriculture and Markets Law.

Tickets will be issued under the penal provisions of the law, rather than the civil provisions, meaning the Schenectady County District Attorney’s Office will be responsible for prosecution.

“We wanted someone to write the tickets everywhere in the county, and the county will codify this into the law,” Tully said.

The county Legislature is expected to introduce a local law, titled the “Vicious Dog Control Act of 2012,” at its November meeting.

Fines collected through the tickets, which start at a minimum of $25, will be split equally between the SPCA and the county. Both would use the money for animal enforcement purposes, such as paying to house and care animals seized by SPCA officers, Tully said.

Under the contract, which is expected to take effect Nov. 15 and last a year, the county would help maintain the SPCA’s sole vehicle, which it uses to investigate animal cruelty allegations and to transport seized animals to shelters, and provide the SPCA with surplus vehicles.

Tully said the SPCA will focus primarily on investigations of animal cruelty and will occasionally run zero-tolerance events on dog licensing, similar to the DWI sweeps police agencies run.

“By us going out there and cracking down on dog licensing, more people are likely to comply with the law,” Tully said.

He said all dog licensing fees go directly to the municipality where the dog resides.

The agreement ends litigation over control of animals the society seizes in investigations and raids. The SPCA filed a lawsuit in state Supreme County two weeks ago after the Schenectady County Sheriff’s Office refused to accept a dog and 44 cats the society seized from the Rotterdam home of Michelle Regel.

“This agreement resolves the issue with the sheriff, but we could use this law with any municipality with a police force,” Tully said. “Schenectady County is the first county to do this for us, but it is not the first county to do so. Suffolk and Nassau counties have similar agreements with their SPCAs.”

In its lawsuit, the SPCA cited state Agriculture and Markets Law that designates the county’s sheriff’s department as the agency charged with taking custody of and ensuring care for an animal belonging to someone arrested by an officer of the local Society for Prevention of Cruelty to Animals.

Schenectady County Attorney Chris Gardner last week said the agreement will “usher in a new era of dog control and animal control in Schenectady County and will directly address the problem of vicious dogs in the city.”

Acting Schenectady Mayor Gary McCarthy said the addition of the SPCA as dog control officers will supplement what the city is doing to control vicious animals.

Rosalie Ault, executive director of the Animal Protective Foundation in Glenville, said the proposed county law is fine as long as the SPCA does not step up seizures of animals under it. “The SPCA has no place to take them, and we are not equipped to handle dangerous animals,” she said.

Ault said the county needs a municipal animal shelter, something no municipality has been willing to build. She said the APF is maxed out for space when it comes to housing animals, and other area shelters are full as well. The city is contracting with Montgomery County SPCA on a case-by-case basis to house seized animals.

“You could build a shelter, but the answer is to spay or neuter pets,” Ault said.

Tully said Schenectady County has neither a “good spay-neuter program, nor a shelter.”

The APF runs a spay-neuter program, but charges $80 per animal, a sum some people can ill afford, Tully said.

“People can’t afford $10-$12 for a dog license, and they can’t afford $80 to spay or neuter their pets,” he said.

Ault said the APF could lower the fee if it received a subsidy, perhaps through the new county law. “We are breaking even at $80,” she said.

The APF spayed and neutered 4,000 animals last year, she said.

10/17/11: Dog Deal Done For Schenectady County/SPCA

The Society for the Prevention of Cruelty to animals will continue to serve as the dog control officer for Schenectady County. Both sides reached the agreement after the SPCA filed suit against the county sheriff on October 7. The SPCA alleged the sheriff's office failed to take custody of dozens of cats after they were pulled from a filthy Rotterdam home. As part of the settlement, county leaders will introduce a law dealing with the issue of vicious dogs. The SPCA's role as dog control officer would enforce the law and provide compensation for fines and reimbursement for shelter services and vehicles.

10/17/11: Road to Recovery: Oliver the Great Dane

In March 2011 SPCA officers arrested Michael Perillo for animal cruelty. Oct. 2011 Perillo was sentenced to one year in jail for his abuse of Oliver the Great Dane. FOX 23 has this update on the lovable dog.

10/17/11: Abuse of Oliver the Dog

In March 2011 SPCA officers arrested Michael Perillo for animal cruelty. Oct. 2011 Perillo was sentenced to one year in jail for his abuse of Oliver the Great Dane. CBS 6 visits Oliver on his road to recovery.

10/17/11: "Vicious Dog Control Act" Introduced in Schenectady County

On Monday, a Schenectady County legislation was introduced in effort to confront the problems of vicious dogs throughout the county, as well as settle a lawsuit the Schenectady County SPCA filed against the sheriff's office.

Schenectady County Legislator Robert Hoffman introduced the legislation as the "The Vicious Dog Control Act of 2012."

"We were all disturbed by the brutal dog attack that occurred in the City of Schenectady last month," said Hoffman. "As the details of the attack became known, I knew that something had to be done to control vicious animals in our city."

The act will also resolve a legal dispute that has been going on between the Schenectady County SPCA, a not-for-profit, and the Schenectady County Sheriff's Office.

The SPCA was forced to file a lawsuit in County Supreme Court Friday, October 7 against the Sheriff's Office after they refused to take custody of dozens of cats following their rescue from a Rotterdam home.

Schenectady County will retain the SPCA as Dog Control Officer for the County of Schenectady and the SPCA agrees to release all claims against the Sheriff and the County.

The agreement allows the SPCA to issue violations including failure to license and failure to confine dangerous dogs.

The SPCA will retain fifty percent of the fines they collect, with the remaining fifty percent used to reimburse the SPCA for shelter services and for maintaining SPCA vehicles.

"Both sides are extremely happy and this resolution benefits the SPCA, the county and most importantly the community and the animals that we all love. We all look forward to now focusing our efforts where they truly belong and that is to work as one team in the fight against animal cruelty in our county" said SPCA Department Chief Mathew Tully.

10/17/11: Schenectady County Gives SPCA Animal-Control Enforcement Power

The Schenectady County Legislature will give the local animal cruelty prevention society jurisdiction to enforce animal control and licensing laws throughout the county under an agreement expected to be made at a news conference this afternoon.

Mathew Tully, chief of the Schenectady County Society for the Prevention of Cruelty to Animals, said SPCA peace officers will be able to write dog license tickets under state Agriculture and Market Law under the agreement.

Tickets will be issued under the criminal provisions of the law, rather than the civil provisions, meaning they will be treated as misdemeanors and not violations, he said. The Schenectady County District Attorney’s Office will be responsible for prosecution.

“We wanted someone to write the tickets everywhere in the county, and the county will codify this into the law,” Tully said.

The county Legislature is expected to introduce a local law enacting the agreement at its November meeting.

Fines collected through the tickets, totaling about $25, will be split equally between the SPCA and the county. Each would use the money for animal enforcement purposes, such as paying to house and care animals seized by SPCA officers, Tully said.

Tully said the SPCA will focus primarily on investigations of animal cruelty and will occasionally run zero-tolerance events on dog licensing, similar to the DWI sweeps law enforcements runs.

“By us going out there and cracking down on dog licensing, more people are likely to comply with the law,” Tully said.

He said all log licensing fees go directly to the municipality where the dog resides.

“This agreement resolves the issue with the sheriff, but we would use this law with any municipality with a police force,” Tully said.

“Schenectady County is the first county to do this for us, but it is not the first county to do so. Suffolk and Nassau counties have similar agreements with their SPCAs,” Tully said.

In its lawsuit, the SPCA cited state Agriculture and Markets Law that designates the sheriff’s department as the agency charged with taking custody of and ensuring care for an animal belonging to someone arrested by an officer of the Society for Prevention of Cruelty to Animals.

10/17/11: Schenectady Lawmaker Announces "Vicious Dog Agreement"

Viscious Dog Schenectady County Legislator Robert Hoffman announced Monday that he has introduced legislation that will directly confront the problems of vicious dogs in the City and County of Schenectady, “The Vicious Dog Control Act of 2012.” At the same time, this legislation will resolve a legal dispute with the Schenectady County SPCA.

“We were all disturbed by the brutal dog attack that occurred in the City of Schenectady last month,” said Legislator Hoffman. “As the details of the attack became known, I knew that something had to be done to control vicious animals in our City. I began speaking with Acting Mayor McCarthy and Sheriff Dagostino to discuss what could be done by the County and City to address this issue. Then recently I was advised by the County Attorney of a legal dispute between the SPCA and the County. I began to work with all parties creating a mutually beneficial agreement that will directly confront the issue of vicious dogs for our residents at no additional costs to the taxpayer.”

Legislator Hoffman continued, “This is a win-win for all of us - Schenectady County, the City of Schenectady, the SPCA, and most importantly our residents. I especially thank the SPCA and their Chief Matt Tully and our Acting Mayor Gary McCarthy for their leadership. I look forward to working with my colleagues in the Legislature and the City to work towards solving this and other issues facing our communities.”

10/13/11: SPCA, County Quickly Settle Lawsuit

Nearly four-dozen cats and one dog led not only to an arrest, but also a lawsuit resulting in a settlement and a promise to address animal control needs.

The Schenectady County Society for the Prevention of Cruelty to Animals filed a lawsuit in the county Supreme Court on Friday, Oct. 7, against the county Sheriff’s Department, alleging a violation of the state Agricultural and Markets Law mandating the department must take custody of any animal belonging to someone arrested by the SPCA.

The lawsuit was settled out of court, and Schenectady County SPCA Chief Matthew Tully described it as a fair one.

“This isn’t the perfect situation, but I think it is the best situation for everybody involved,” Tully said. “We could have fought this and litigated it and we could have probably got a lot more than we did, but it probably wouldn’t be the right thing to do for the taxpayers of Schenectady County.”

County Spokesman Joe McQueen said county officials are withholding any comment on the agreement until all parties discuss and are briefed on details of the settlement. Specific details of the agreement were not released before The Spotlight went to print, but Tully said the deal would be explained at a joint press conference later in the week. McQueen expected the announcement to occur by the end of the week, too.

The lawsuit stemmed from the arrest of Michelle Regels, 39, of Suffolk Avenue, Rotterdam, on one count of animal neglect, a misdemeanor. After the arrest was made, on Thursday, Oct. 6, the SPCA had 44 cats and one dog needing either medical attention or a temporary home before adoption.

The possibility of such a dire situation pushing resources to the limits was on Tully’s mind before the recent situation, but he said his concerns were never addressed.

“This case was something that we knew was going to happen and we had been working with the county attorney for three years to plan for this,” Tully said. “The SPCA’s job is to protect animals and we take it very seriously. We believe that we have taken a very aggressive stance to protecting animals.”

Regels was cooperative with police officers, Tully said, and 12 cats were removed the night before she was arrested through friends and neighbors adopting the felines. The dog was put down due to serious neglect, Tully said, along with eight cats that were also euthanized upon a veterinarian’s recommendation. There are 15 more cats under veterinarian care to determine if they should be adopted or destroyed, he said.

“It is probably one of the worst cases in the greater Capital Region in some time,” Tully said. “I have been doing this for 20 years, and this is bad, but it does not rank up in my top five worst. On at least five separate occasions in 20 years I had to call the fire department to use oxygen tanks.”

Despite the scene not ranking as Tully’s worst, he described the seriousness of the situation.

“The smell was absolutely horrendous in there and the floor was caked with feces and urine,” Tully said. “I was able to make it in five to 10 feet before I had to put some Vicks vapor rub up my nose.”

Using the rub is an old trick, he said, to overwhelm an unpleasant smell, but he said the smell still came through.

According to the SPCA, the organization has reached its breaking point.

“This has been a three-year fight to get them to listen,” said Randy Simons, spokesman for the SPCA. “It has been building up and this Rotterdam case was the last straw. It got to the point that enough is enough and we need a decision for future cases.”

According to the lawsuit, the SPCA faxed a written request to the county Sheriff’s Department asking the department to assume control of the animals on Thursday Oct. 6, prior to the arrest. The request also said the organization would seek a court order if there wasn’t action taken by the department.

After receiving the request the Sheriff’s Office called Tully the same day and allegedly left a voicemail on his phone stating the Sheriff would not assume custody of the animals.

Tully said funding would be an element of the settlement between his organization and the county. The SPCA is a volunteer organization and doesn’t receive taxpayer funding. The final plan, he said, would include revenue generation, so the tax base isn’t raised.

“All I can say right now is that when the terms of this settlement are enacted, we intend to have much more positive results in the future when dealing with deplorable cases like the one we witnessed in Rotterdam,” Tully said in a prepared statement.

10/14/11: New Life for Rescued Rotterdam Cats

All of the surviving cats rescued from a Rotterdam home have had their death sentences commuted. Some of the 39 cats were to be euthanized because area shelters were so full they could not take in the cats. But the Schenectady County SPCA has found placements with shelters and rescue organizations for all of them, where they can await adoption.

"It took dozens and dozens of calls and pleas to take these cats in," Schenectady County SPCA Deputy Chief Kimberly Tully. "A whole lot more than it normally does. It was an extremely stressful task considering that even though they were rescued, these cats' lives were still on the line until we were able to finally place them."

A total of 47 cats and a dog were removed from a squalid Rotterdam home last week. Eight cats and the dog were euthanized because they were in such poor health.

Michelle Regels' home at 1751 Suffolk Ave. was filled with feces and urine and deemed uninhabitable by the county and must be gutted. Regels, 39, was living out of the garage adjacent to the home when the Schenectady SPCA seized the animals.

Regels was charged with one misdemeanor count of animal cruelty. The crime carries a maximum punishment of one year in jail, a fine of $1,000, or three years probation.

The case also triggered a lawsuit. The Schenectady County Society for the Prevention of Cruelty to Animals filed a lawsuit last week against Schenectady County Sheriff Dominic Dagostino for his alleged refusal to take custody of animals seized from the home, as required by state agriculture and markets law. A tentative settlement was reached in that case on Tuesday.

10/13/11: Cats Ready for Adoption

Dozens of cats found in a Rotterdam home last Thursday are ready to be adopted.

The Schenectady County SPCA rescued the cats from a home on Suffolk Avenue. The SPCA says 39 of those cats are placed and ready for adoption.

Officers say it was difficult placing the cats in animal shelters because most facilities are at full capacity.

Michelle Regels was charged with one count of animal neglect after officials say they found the flea infested cats living in squalid conditions.

If you're interested in adopting one of the animals, you can visit one of these shelters:

- Animal Protective Foundation in Schenectady
- Animal Shelter of Schoharie Valley
- Capital District Humane Association in Loudonville
- Noah's Kingdom Humane Society in Albany
- Whiskers Animal Benevolent League in Albany

10/13/11: Schenectady SPCA Awaits Pet Adoption

The 39 cats seized in the Rotterdam animal cruelty case last Thursday have all been placed and are awaiting adoption.

Schenectady County SPCA officers rescued 47 cats in total last Thursday from 1751 Suffolk Avenue in Rotterdam.

Michelle Regels was charged with one count of animal neglect after all of the flea infested cats were found living in puddles of their own urine and feces.

Poor health required eight of the cats to be euthanized as well as the one dog that was also rescued that day.

10/12/11: Great Dane Recovering as Former Owner Learns His Fate

New details on a case of animal abuse in Schenectady.

The former owner of "Oliver" the Great Dane will be spending a year behind bars and will not be allowed to possess any pets for three years.

Officials with the Schenectady County SPCA say Michael Perillo pleaded guilty to animal cruelty Tuesday

He was accused of taping Oliver's mouth shut with duct tape and beating him repeatedly.

The dog was seized showing several open wounds all over his body back in March.

We're happy to report that Oliver is doing just fine with his new family at the Pack Ethic Rescue center.

If you want to see him at play with his new family click here.

10/12/11: Man Who Abused Great Dane 'Oliver' Gets Gail Time

A man who pleaded guilty to animal cruelty for abusing his Great Dane last spring will spend the next year in jail.

The Schenectady County SPCA said Michael Perillo duct-taped his dog Oliver's mouth shut, then beat him repeatedly. Oliver has since recovered and has a new caretaker, Eric Bellows with Pack Ethic Rescue.

In addition to his prison sentence, Perillo won't be allowed to own pets for three years.

10/13/11: Schenectady Man Gets Year in Jail for Beating Dog, Taping Muzzle Shut

A city man who admitted to a misdemeanor animal cruelty charge was sentenced to a year in jail this week, officials said.

The plea deal also included an admission in an unrelated case that he made a veiled threat to a town judge in a phone call, a prosecutor said.

Michael S. Perillo, 42, formerly of Albany Street, pleaded guilty in July to the misdemeanor count of torturing or injuring animals.

He was sentenced Tuesday to one year in jail.

Perillo was arrested in March for allegedly beating a Great Dane named Oliver, punching it and taping its mouth shut with duct tape, officials with the Schenectady County Society to Prevent Cruelty to Animals said.

Responding officers found a large amount of blood on the front porch. They found the dog with severe damage to its mouth and jaw and said it also may have suffered a fractured skull.

Perillo admitted to beating the dog and said that he did so after the dog nipped at him, according to the officers.

Prosecutor Jessica Lorusso said Wednesday that an important part of the deal was for Perillo to also plead guilty in Rotterdam to an aggravated harassment charge.

That charge related to a veiled threat Perillo made to Glenville Town Justice Brian Mercy last winter, after Mercy arraigned Perillo on another harassment charge.

Lorusso said evidence in the dog case helped lead to the plea agreement.

“I felt that the case was strong, with respect to the abuse,” she said. “Given the nature and nastiness, I felt that the deal should go forward.”

Perillo, who was represented by attorney James Tyner, is barred from owning animals for three years. Officers said he told them that he received the dog from a friend to watch while the friend was in jail.

Officials with the SPCA commended the Schenectady County District Attorney’s Office for its handling of the case.

“This goes to show that animal cruelty will not be tolerated in our county. This is a wake-up call to anyone out there guilty of this,” county SPCA Chief Mathew Tully said in a statement Wednesday.

Oliver has since recovered and is living with a new family.

In an unrelated cruelty case dating back to March, a man accused of leaving three cats without nourishment for days is to be sentenced today to three years of probation.

Compared with the Perillo case, the case against Smith wasn’t as strong, Lorusso said. In Smith’s case, there were proof issues over whether Smith was the one supposed to be caring for the cats.

Nonetheless, Smith pleaded guilty earlier in the summer to torturing or injuring animals. Smith was accused of leaving the cats without food in a second-floor apartment on State Street in Schenectady. Two of the cats died. The third lived, but appeared to have turned to the carcasses of the dead cats to survive.

The Schenectady, Schoharie and Saratoga County SPCAs had sought Smith for days, after discovering the cats that day as a result of a hotline tip. Smith was arrested in March.

A city man who admitted to a misdemeanor animal cruelty charge was sentenced to a year in jail this week, officials said.

The plea deal also included an admission in an unrelated case that he made a veiled threat to a town judge in a phone call, a prosecutor said.

Michael S. Perillo, 42, formerly of Albany Street, pleaded guilty in July to the misdemeanor count of torturing or injuring animals.

He was sentenced Tuesday to one year in jail.

Responding officers found a large amount of blood on the front porch. They found the dog with severe damage to its mouth and jaw and said it also may have suffered a fractured skull.

Perillo admitted to beating the dog and said that he did so after the dog nipped at him, according to the officers.

Prosecutor Jessica Lorusso said Wednesday that an important part of the deal was for Perillo to also plead guilty in Rotterdam to an aggravated harassment charge.

That charge related to a veiled threat Perillo made to Glenville Town Justice Brian Mercy last winter, after Mercy arraigned Perillo on another harassment charge.

Lorusso said evidence in the dog case helped lead to the plea agreement.

“I felt that the case was strong, with respect to the abuse,” she said. “Given the nature and nastiness, I felt that the deal should go forward.”

Officials with the SPCA commended the Schenectady County District Attorney’s Office for its handling of the case.

Oliver has since recovered and is living with a new family.

In an unrelated cruelty case dating back to March, a man accused of leaving three cats without nourishment for days is to be sentenced today to three years of probation.

Compared with the Perillo case, the case against Smith wasn’t as strong, Lorusso said. In Smith’s case, there were proof issues over whether Smith was the one supposed to be caring for the cats.

The Schenectady, Schoharie and Saratoga County SPCAs had sought Smith for days, after discovering the cats that day as a result of a hotline tip. Smith was arrested in March.

10/12/11: Man Gets Jail Time for Beating Dog

A 43-year-old city man was sentenced to a year in county jail Tuesday for repeatedly beating his Great Dane this Spring.

Michael Perillo, of 2438 Albany St., pleaded guilty to one count of animal cruelty, a misdemeanor, for punching and neglecting the massive, brown-and-white canine named "Oliver."

On at least one occasion, Perillo sealed Oliver's mouth shut with duct tape, denying him food and water, said Matthew Tully, a local attorney and chief of the Schenectady County Society for the Prevention of Cruelty to Animals.

When county SCPA officials found Oliver in March, he was bleeding from his mouth and had an eye swollen shut; his body was dotted with cuts and bruises, Tully said.

As part of his sentencing, Perillo can't own any animals until he has been out of jail for three years.

After he was taken from Perillo's home, Oliver slowly recovered at the Mohawk and Hudson River Humane Society in Menands before he was adopted by Pack Ethic Rescue, a local 25-acre animal rehabilitation center.

"It hurts me everyday to look at him and know what he's been through," said Eric Bellows, who takes care of Oliver at Pack Ethic.

"He is one of the most loyal dogs I have ever seen. He just wants to be near us every minute of the day and that's pretty remarkable considering what he's been through."

10/12/11: Schenectady County Officials, SPCA Reach Deal to End Suit

Schenectady County and the Schenectady County SPCA have reached an agreement that ends the group’s lawsuit over control of animals it seizes in investigations and raids.

Details are expected to be announced later this week.

The Society for the Prevention of Cruelty to Animals filed a lawsuit in state Supreme County Friday after the county refused to accept a dog and 44 cats the SPCA seized from the Suffolk Avenue home of Michelle Regel two days earlier.

State Supreme Court Justice Vincent J. Reilly Jr. was scheduled to hear arguments Tuesday in the case.

“We are thrilled that both sides were able to sit down and figure out a solution to this problem. This lawsuit was not about attacking anyone; it was about doing what is right for the community and its animals. This is great news for the entire county, and we are excited for what is to come from this situation,” said Schenectady County SPCA Chief Mathew Tully.

“This a good step in the right direction to a long-term solution. But we still have a long way to go in animal control in Schenectady County,” he said.

Tully said his board is expected to sign off on the agreement Thursday and the county Legislature and county district attorney also have to approve it.

Schenectady County Attorney Chris Gardner said the agreement will “usher in a new era of dog control and animal control in Schenectady County and will directly address the problem of vicious dogs in the city.”

Incidents of dogs attacking people in Schenectady have been publicized in recent months. One victim had parts of her face torn off.

Tully said a veterinarian on Monday and Tuesday euthanized 13 of the 44 cats seized by the SPCA on Oct. 6. “We anticipated five would be put down, but we had to put down 13,” he said. Homes were found for the remainder.

The animals, a mix of diseased and healthy felines, were put down because there was no place to shelter them or because of a lack of adoptive homes, Tully said. “We maxed out the available shelters and available adoptions,” he said.

Tully paid for the euthanasia himself. “I did not want anyone who contributed to the society for the care of animals to think their money was being used to euthanize the cats,” he said.

Regel currently faces a single misdemeanor charge of failing to provide sustenance to a animal, in this case a dog, which was euthanized.

10/11/11: Schenectady County Officials, SPCA Reach Deal to End Suit

Schenectady County and the Schenectady County SPCA have reached an agreement that ends the group’s lawsuit over control of animals it seizes in investigations and raids.

Details are expected to be announced later this week.

State Supreme Court Justice Vincent J. Reilly Jr. was scheduled to hear arguments Tuesday in the case.

“This a good step in the right direction to a long-term solution. But we still have a long way to go in animal control in Schenectady County,” he said.

Tully said his board is expected to sign off on the agreement Thursday and the county Legislature and county district attorney also have to approve it.

Incidents of dogs attacking people in Schenectady have been publicized in recent months. One victim had parts of her face torn off.

Tully paid for the euthanasia himself. “I did not want anyone who contributed to the society for the care of animals to think their money was being used to euthanize the cats,” he said.

Regel currently faces a single misdemeanor charge of failing to provide sustenance to a animal, in this case a dog, which was euthanized.

Schenectady County and the Schenectady County SPCA have reached an agreement that ends the group’s lawsuit over control of animals it seizes in investigations and raids.

Details are expected to be announced later this week.

State Supreme Court Justice Vincent J. Reilly Jr. was scheduled to hear arguments Tuesday in the case.

“This a good step in the right direction to a long-term solution. But we still have a long way to go in animal control in Schenectady County,” he said.

Tully said his board is expected to sign off on the agreement Thursday and the county Legislature and county district attorney also have to approve it.

Incidents of dogs attacking people in Schenectady have been publicized in recent months. One victim had parts of her face torn off.

Tully paid for the euthanasia himself. “I did not want anyone who contributed to the society for the care of animals to think their money was being used to euthanize the cats,” he said.

Regel currently faces a single misdemeanor charge of failing to provide sustenance to a animal, in this case a dog, which was euthanized.

WGY Radio

10/11/11: SPCA, Sheriff's Office: "Agreement in Principle" over Rotterdam Cats

A couple of days after filing a lawsuit against the Schenectady County Sheriff's Department over the care of dozens of cats seized from a Rotterdam home last week, the SPCA has reached what it calls a settlement in principle. County attorney Chris Gardner tells the Gazette this should usher in "a new era" in animal management. Details of the settlement expected in a joint news conference at some point this week. The SPCA had been seeking cash, veterinary care, and safe housing for more than 50 cats seized in a raid last week. SPCA had said the sheriff's office was violating the law, because the homeowner was charged with neglect.....yet the SPCA was footing the bill.

10/11/11: SCPA, Sheriff Reach Deal, But Cats Still Face Death

An animal protection organization has reached a tentative settlement in its lawsuit against the sheriff's department for allegedly failing to take custody of dozens of flea-ridden cats seized from a condemned Rotterdam home last week.

But the last 11 of the 44 cats rescued from Michelle Regels' home at 1751 Suffolk Ave. that remained alive and fit for adoption Tuesday will likely be euthanized by the weekend -- Both the Schenectady SPCA and county officials said they exhausted all avenues to find them homes.

Nine of the cats were euthanized over this past weekend at the recommendation of veterinarians; 24 others were taken in by the Animal Protective Foundation and volunteers, said Schenectady Schenectady County Society for the Prevention of Cruelty to Animals Chief Matthew Tully, a local attorney.

A large, dark-brown dog that appeared to be a chow with chunks of fur missing was also seized from Regels' home and euthanized because of poor health.

The dog and every cat in the home had fleas.

Tully said details of the agreement, which was reached during a conference call an hour before a scheduled hearing in Schenectady County Supreme Court, won't be made public until the county attorney briefs county lawmakers on the deal later this week. Tully did say, however, that the settlement is a long-term solution that will allocate funding and divide responsibilities to both the Schenectady SCPA and the county to help them deal with future animal cruelty cases.

"Is it a perfect deal? No, but it seems to be the best possible solution," Tully said.

The lawsuit, filed in county court by SPCA lawyer Andrew McNamara, said the sheriff's department was required under state agriculture and markets law to provide shelter for animals seized by the entirely volunteer animal cruelty prevention unit.

Tully said Dagostino, who could not be reached for comment, was cooperative in working out a settlement. It cost the Schenectady SCPA $4,000 to seize the animals, said Tully, adding that he paid out of pocket for euthanizing the dog and cats deemed unfit for adoption.

The 11 cats that were still not adopted at the time of Tuesday's hearing were to be euthanized Tuesday afternoon, but volunteers came forward to take in the felines until the end of the week. It buys officials more time to find the cats a home.

But Tully said all shelters within a four-hour drive of Schenectady are full, many having filled with pets stranded or abandoned during Tropical Storm Irene.

Tully said the cats seized last week are better off euthanized than left living in squalor at Regels' rancid one-story home.

Regels' house on the corner of Suffolk Avenue and Dover Drive was filled with feces and urine and deemed uninhabitable by the county. It will be gutted in the hopes that it can eventually be salvaged.

Regels, 39, was living out of the garage adjacent to the home when the Schenectady SCPA seized the animals last Wednesday night and Thursday morning.

The litter box-like stench from the home was so pungent that SPCA officials had to smear Vicks VapoRub under their noses before entering, a tactic typically reserved for police detectives hovering over a decomposing human body.

When contacted by the Times Union Tuesday, Regels said she was "feeling sick, absolutely awful" that some of the cats were euthanized and that others face a similar fate.

Regels, who's temporarily living with a friend, said she slowly became overwhelmed with abandoned cats after she signed up with a local humane group to take in strays.

"It just kept escalating," Regels said. "Even when I told people I couldn't take in anymore, I'd come home and someone would have dropped one off for me."

Regels said she didn't know where to turn when no shelters would take the animals in. "I do feel very happy, though, that they were able to find homes for many of these cats," Regels said. "I loved those animals, but I was in over my head. I don't want something like this to happen to anyone else."

Tully said that because Regels was appreciative for the SPCA's intervention, a rarity in animal hoarding cases, she was not charged as harshly as she could have been.

Regels was charged Thursday with one misdemeanor count of animal cruelty. She was issued an appearance ticket and is scheduled to appear in Rotterdam Town Court on Oct. 17.

The crime carries a maximum punishment of one year in jail, a fine of $1,000, or three years probation. For more information about the Schenectady County SPCA, to donate or to adopt one of the cats, go to http://countyspca.org/ or call 755-9517.