Dante Di Pirro, Esq.
Animal law attorney Dante DiPirro urges Ocean County Prosecutor to investigate and prosecute torture and killing of raccoon in Lacey Twp. NJ
Tag Archives: animal cruelty
Cornell University necropsy finds strangulation cause of death for dog dragged by the leash by Tai Nero of Allstars Working Dogs of Wyandanch NY
“Madison Blue”
Press Release
For Immediate Release:
Contact:
Pam Dixon
dscradopt@gmail.com
Cornell University necropsy finds strangulation cause of death for dog dragged by the leash by Tai Nero of Allstars Working Dogs of Wyandanch NY
Wyandanch NY (January 29, 2019)
This past December, Deep South Canine Inc., a non-profit animal rescue, and friends marked the one-year anniversary of the death of a wonderful dog with blue eyes named “Madison Blue.” A post-mortem necropsy conducted by Cornell University found clear and convincing evidence that the dog’s death was due to “strangulation from restraining and dragging this dog by its leash.” Necropsy Report
Tai Nero of Allstars Working Dogs of Wyandanch New York, who had been hired by the Rescue for dog training, admitted that he “dragged/pulled Madison up the stairs by her leash” and that soon after the dog “collapsed,” and he had to rush her to the vet. Upon arrival at the vet’s office, Madison Blue was comatose and unresponsive and had to be euthanized. Vet records
The incident happened in December 2017. The Rescue had turned custody and care of the dog over to Tai Nero and Allstars Working Dogs for a two-week training period. At the time of the incident, Madison Blue was apparently not being cared for in an animal facility but was crated along with other dogs at a residential house owned by Nero at 104 S. 25th Street, Wyandanch, New York, 11798-2902.
Both the treating veterinarian and Cornell University attributed the dog’s death to having been dragged by the leash.
According to the vet records, the dog had “ventral neck abrasion/excoriation” that was “likely from a choke collar while being dragged.” The dog was comatose and unresponsive with likely severe brain damage. As the direct result of the trauma, Madison Blue had to be euthanized.
The necropsy conducted by the Cornell University Animal Health Diagnostic Center concluded that the dog had been strangulated. The necropsy report found: “Clear and convincing medical evidence indicated that the cause of the coma is asphyxiation attributed to strangulation from restraining and dragging the dog by its leash.” The necropsy report also found that Madison Blue had a fractured tooth (with 70% of the tooth missing), blunt force trauma to the head, and puncture wounds on the muzzle and head.
Deep South has asked the Suffolk County District Attorney’s office to conduct an animal cruelty investigation into the conduct of Tai Nero and Allstars Working Dogs.
Deep South Board Member and Executive Director, Pam Dixon, said: “Everyone who knew Madison Blue is heartbroken at her unexpected death. We want to make sure that no other dog dies in the custody of Tai Nero or Allstars Working Dogs.”
Deep South’s animal welfare lawyer, Dante DiPirro, Esq. of Westhampton Beach, New York, said: “If anyone knows of any dog that has been injured while in the custody of, or while being trained by, Tai Nero or Allstars Working Dogs, or has any other relevant information, please contact us.”
FOR FURTHER INFORMATION:
Deep South Canine Inc.
Pam Dixon
Email: dscradopt@gmail.com
The Rescue’s Animal Welfare Lawyer:
Dante Di Pirro, Esq.
48 Rogers Avenue, Westhampton Beach NY 11978
Telephone: 609-429-0779
Email: dante@dantelawyer.com
In response to the letter from animal lawyer Dante DiPirro Hamilton Twp NJ ceases killing owner-surrendered animals in violation of the 7-day hold law
Upon learning that the Hamilton Township Animal Shelter was killing animals without giving the mandated 7-day opportunity for adoption, the firm send the township a cease and desist letter.
On receipt of the letter, which set forth the law and public policy served by the law, the township ceased the policy.
Animal law attorney Dante DiPirro calls for immediate reform of the NJSPCA
On October 20, 2017, the New Jersey Commission of Investigation issued yet another report documenting fundamental failings on the part of the New Jersey Society for the Prevention of Cruelty to Animals (NJSPCA) and its inability to perform its mandated mission. The report, which entitled “Wolves in Sheep’s Clothing: New Jersey’s SPCAs 17 Years Later,” provides a scathing review of the NJSPCA and recommends the repeal of statutes empowering the SPCA and its county chapters to enforce New Jersey’s animal cruelty laws. http://www.nj.gov/sci/pdf/SPCA-FollowUpReport.pdf
On the heels of the report, animal law attorney Dante DiPirro — who was co-chair of the 2002-2004 Governor’s Animal Welfare Task Force that called for repeal of the NJSPCA’s power to arrest and carry weapons and the assignment of law enforcement functions to professional law enforcement — called for immediate reform. See NJ Spotlight’s article entitled “NJSPCA: More a home for Wannabe Cops than a Haven for Animals?” http://www.njspotlight.com/stories/17/10/23/njspca-more-a-home-for-wannabe-cops-than-a-haven-for-animals/
Wildlife & animal groups file legal challenge to return of leghold traps in New Jersey
On behalf of wildlife and animal welfare groups including the Sierra Club, the Animal Protection League of New Jersey, the Animal Welfare Institute, Born Free USA and Unexpected Wildlife Refuge, environmental attorney Dante DiPirro has filed a lawsuit challenging regulations proposed by the New Jersey Fish and Game Council that would allow trappers to use “enclosed foothold traps.” The proposed traps are steel-jaw, leghold traps that have been modified to add an exterior metal or plastic housing with a hole through which the animal places its leg to access the bait and jaws of the trap.
Steel-jaw, leghold traps have been banned in New Jersey since the enactment of a statutory ban in 1984. The lawsuit alleges that the rules are invalid because they conflict with the statute.
The groups have further filed a motion with the Department of Environmental Protection seeking a stay pending appeal. A stay is necessary to prevent immediate irreparable harm and maintain the status quo until the Courts decide the challenge to the regulations.
For more information: http://awionline.org/content/organizations-file-motion-prevent-use-illegal-leghold-traps-new-jersey
2015-07-02 Animal law attorney Dante DiPirro announces successful prosecution of animal cruelty against farm animals in Millstone New Jersey
Animal law attorney Dante DiPirro announces the successful prosecution of an animal cruelty case involving farm animals in Millstone New Jersey. A court order entered in Superior Court this week resolving the case requires the couple that owned the animals — Tina Perna and Christopher Vaccaro– to pay $10,000 and prohibits them from ever having sheep or goats on their property. http://www.app.com/story/news/crime/jersey-mayhem/2015/07/02/millstone-couple-settles-animal-abuse-lawsuit/29644929/
Major improvement in conditions for Millstone farm animals in response to Friday’s court order
There has been immediate and major improvement in the conditions of care for farm animals in Millstone Township NJ in response to the NJ Superior Court Order issued Friday, February 28, 2015 in Goldman v. Perna and Vaccaro. The Court Order directed defendants Christopher Vaccaro and Tina Perna to immediately provide adequate water, food and shelter for over 250 farm animals on their property.
Plaintiff, Stuart Goldman, who brought the civil action for animal cruelty, reports that on his visit to the property today, he personally observed that Vaccaaro had brought in ample drinking water and good quality hay. Goldman saw hired workers on site and saw that they had removed debris that had been lying all over the property and had been left inside the greenhouse and shelters where animals stayed. Goldman also confirmed that bedding for the animals had been brought in– bedding is especially critical for animals when the weather is cold.
Plaintiff will continue to monitor the status of the animal and compliance with the court order. Plaintiff has lined up sanctuaries that are willing to take in animals as necessary. Of his observations today, Goldman said: “It is a great relief that the Court granted the injunction and that Vaccaro is apparently working to comply with the order.”
Goldman is represented by Dante DiPirro, Esq. of Hopewell NJ, who is an animal welfare lawyer and chancery court lawyer.
Judge orders couple to give proper food, water, shelter to farm animals in Millstone NJ
Today Superior Court Judge Patricia Del Bueno Cleary granted an injunction ordering defendants Christopher Vaccaro and Tina Perna of Millstone Township to provide their animals with at least 500 gallons of drinking water a day, and to provide sufficient food and shelter as required by the Department of Agriculture humane welfare regulations and the animal cruelty statutes.
The ruling came in a lawsuit filed by animal welfare attorney Dante DiPirro on behalf of Stuart Goldman alleging that a veterinarian’s inspection on Sunday had revealed horrible conditions, including no drinking water, insufficient food and inadequate shelter.
Today’s order also granted a right of access to the property to monitor compliance with the court order and the authority to remove animals at risk of imminent death or serious injury.
For months, Plaintiff and Monmouth County SPCA Chief Buddy Amato had documented violations, warned defendants to provide the legally required care, and filed cruelty complaints in Millstone Municipal Court (the Municipal charges are scheduled for trial March 23-24). This week, with evidence that the animals were in desperate need – including no drinking water whatsoever — Plaintiff filed a law suit in Superior Court seeking emergent injunctive relief for the animals.
The parties are scheduled to return to Superior Court April 24th to determine if additional relief should be granted.
Plaintiff Goldman said: “This is a good day for the animals. These animals are not even getting drinking water. Nursing mothers are suffering the most. On Sunday, the vet determined that they were so seriously dehydrated that they were having trouble even providing milk for their babies.”
Dante DiPirro said: “We want to thank Bud Amato of the Monmouth County SPCA for his active support of this case and the request for injunctive relief. His assistance was extremely helpful in securing this emergent order. Animals lives were hanging in the balance.”
Link to NJ.com news article: http://www.nj.com/monmouth/index.ssf/2015/02/judge_orders_couple_to_give_proper_food_water_shel.html#comments
Law suit alleges dozens of nursing goats and sheep at risk of perishing on Millstone NJ farm
On February 25, 2015, Dante DiPirro, Esq., an animal welfare lawyer representing plaintiff Stuart Goldman, filed a complaint in Monmouth County Superior Court alleging that dozens of nursing goats and sheep are at risk of perishing on a Millstone Township farm unless the court orders immediate relief addressing a complete lack of drinking water, and inadequate food and shelter.
There are over 250 farm animals on the property — including approximately 60 dehydrated nursing goats and sheep, and too many kids to count — all of whom are suffering in the bitter cold without any drinking water, and without sufficient food or shelter.
The law suit names as defendants Christopher Vaccaro, the owner of the property, and his girl friend, Tina Perna, both of whom live on site and are responsible for caring for the animals.
In a certification of support filed with the court, plaintiff’s veterinarian states that based on her inspection and examination of the animals on Sunday, February 22, 2015, the animal care being provided is extremely poor. There was no potable water for the animals, insufficient food for the number of animals, and the shelters were insufficient, in poor repair, filthy and dangerous for the animals even go into the structures.
She found nursing mothers with babies that were seriously dehydrated. She found that animals were already dying — as shown by an emaciated goat carcass found hidden under a tarp in a shed. She concluded that unless the animals get immediate relief, they will continue to die; she anticipated that 20 to 30% of the total population will be dead in a matter of weeks. Most at risk are the nursing mothers, of which there are many dozen on the property.
In the court papers, plaintiff seeks emergent relief that ordering defendants to immediately provide the drinking water that the animals are being deprived of, and other measures needed to prevent further injury or death as the court case proceeds.
Plaintiff has been trying to get assistance for these animals since last winter when the animals were without proper drinking water, food or shelter. In February 2014, he contacted the Monmouth County SPCA, and they inspected and issued animal cruelty violations.
In January of this year Plaintiff had to act again. On January 8, 2015, contacted the MCSPCA to alert them that with bitter winter storms approaching and the farm animals still without proper drinking water, food or shelter, defendants were committing the same animal cruelty laws that Plaintiff had brought to the attention of the SPCA last winter. Goldman, Chief Amato of the MCSPCA and a farm animal care expert then went to the Property. Chief Amato and the animal expert observed that the shelters had no bedding and were inadequate both in number and condition, and that what little drinking water was provided was frozen solid. Goldman observed that the shelters were inadequate. As a result of the inspection, on Goldman filed animal cruelty charges.
Defendants still did not remediate the violations so Plaintiff contacted the MCSPCA again, and as a result Plaintiff and MCSPCA officers have gone to the property several times in January and earlier this month. Plaintiff’s efforts culminated on Sunday, February 22, 2015, when he, the MCSPCA and Plaintiff’s veterinarian went to the property and documented the violations that are the subject of Plaintiff’s lawsuit in Superior Court and request for emergent relief.
The MCSPCA has now also filed cruelty violations for improper drinking water, food and shelter. Its case will be heard in municipal court at the end of March. Plaintiff’s hearing in Superior Court seeking a temporary injunction that would provide immediate protection for the animals will be heard Friday, February 27, 2015 at 1:30 pm.
About his Superior Court case, Goldman said: “The Monmouth County SPCA has been extremely supportive. Chief Amato has gone the property multiple times, has escorted my veterinarian on the property so that the animals’ health could be properly evaluated, and has indicated that both he and his investigators will testify in court in support of this case.”
About the hearing Friday, Dante DiPirro, Esq. said: “Immediate relief from the court is necessary to stop the suffering and death of these poor animals.”
Dante DiPirro Esq. of Hopewell NJ is an animal welfare lawyer.
FOR FURTHER INFORMATION:
Dante Di Pirro, Esq.
77 Snydertown Road, Hopewell, NJ 08525
609-429-0779 dante@dantelawyer.com
Valentines Day present — goats and sheep get in out of the cold!
Yesterday, Valentines Day, I learned that goats and sheep were being left outside in the snow, ice and freezing weather without any shelter in Millstone Township New Jersey, in violation of department of agriculture regulations and the New Jersey animal cruelty statutes.
Despite the fact that law enforcement had been to the property last winter and documented this and other violations, no shelter had been constructed.
With a forecast of a new snowstorm with 40 mile an hour winds and temperatures dropping down to 10°, I immediately started drafting emergent papers to file in court Monday seeking to have the animals immediately turned over to animal rescue groups for temporary protection and care. Simultaneously, former Chief Law Enforcement Officer for the Monmouth County SPCA Stuart Goldman began calling rescue groups to line them up to take in the animals in the event that we obtain a court order.
I am very pleased to report that as a result of our efforts, last night the Monmouth County SPCA went to the property and the animals were moved inside a greenhouse.
Mr. Goldman and I will be following up in court in subsequent proceedings seeking to permanently remedy the violations.
Western Monmouth animal control to comply with 7-day hold law for impounded animals
On Friday, August 8, 2014, Western Monmouth Animal Control appeared in Monmouth County Superior Court and signed a written policy requiring it to hold impounded animals for 7 days pursuant to state statute. The policy document was signed to settle a lawsuit brought by Dante DiPirro, Esq., on behalf of Stuart Goldman, the former chief enforcement officer of the Monmouth County SPCA.
Under the policy, animal control will comply with a state statute that requires impounded animals to be held for 7 days so that there is an opportunity for: owners to reclaim their pets; stray animals to be adopted; and surveillance for possible rabies to be conducted.
Previous to this litigation, two of Goldman’s cats were killed when they got loose and were immediately euthanized by animal control before he could reclaim them pursuant to the 7-day hold. In this suit, Goldman alleged that over 30 cats — many with no health issue whatsoever– had been immediately euthanized in violation of law as soon as they were picked up.
A trial, documents admitted into evidence established that all the animals were euthanized before 7 days, and an SPCA investigator testified that there was an agreement in place between animal control and its contract veterinarian to euthanize stray cats upon impoundment.
The policy signed Friday not only requires Western Monmouth Animal Control to comply with the seven-day hold, but to affirmatively notify it’s veterinarians of their obligation to comply with the law as well.
Western Monmouth Animal Control consists of Manalapan Township’s health officer and animal control officers. The neighboring municipalities of Freehold Township, Freehold Borough and Millstone Township pay Manalapan Township to provide animal control for their municipalities as well, as part of a regional municipal services agreement.
About the settlement, Goldman said, “So that my cats would not die in vain, I have fought in court for the past five years to get animal control to comply with the 7-day hold law. I am very happy that there is now a written policy in place requiring them to follow the law.”
Dante DiPirro, Esq. has a specialty in animal law, served on the Governor’s Animal Welfare Taskforce, and represents animal rescue groups, non-profit organizations and individuals on animal matters.