40 horses in cruelty case being returned
By Patrick Lakamp
News Staff Reporter
Updated: July 06, 2010, 10:03 pm
Published: July 06, 2010, 10:05 pm
The SPCA Serving Erie County was ordered Tuesday to return 40 of the 73 Morgan horses that it seized in March from an Aurora horse farm.
State Supreme Court Justice Joseph R. Glownia allowed Beth Lynne Hoskins, the farm owner facing 10 counts of animal cruelty, to select which horses she gets back.
The horses could be returned as soon as this week, said Barry N. Covert, one of her lawyers.
Covert and fellow lawyer George V.C. Muscato had asked Glownia to order the return of all the horses.
"Ms. Hoskins would like to have the remaining 33 horses back at the earliest possible date," Covert said. "We're gratified the court has ordered the return of 40 horses at this time."
The SPCA, however, viewed the court order warily.
"It is with grave concern for the horses that the SPCA is complying with this court order," Larry Robb, president of the SPCA's board of directors, said in a statement. "Our concern is not only for the 40 horses ordered returned, but for any other horses which may have been acquired by Ms. Hoskins since the March rescue and may now be residing on one of her properties."
Glownia ordered Hoskins to hire additional help in caring for the animals and to provide the horses with adequate care, the SPCA said.
Glownia gave the SPCA permission to inspect the horses on Hoskins' Emery Road farm.
All the SPCA has to do is give a half-hour's notice, Covert said. "We'll let them in any time they want," he said. "She is an award-winning Morgan breeder. She has nothing to hide."
The horse barns have been cleaned up since March 30, according to the lawyer. "The barns are in terrific condition," Covert said.
The SPCA has said that it has spent more than $200,000 caring for the horses since March and that it wants Hoskins to pay for their care. "We sought to have the horses returned under SPCA supervision to minimize the costs to the SPCA," the SPCA said. "If they had returned the horses, their expenses would have been zero."
On March 18, SPCA investigators conducted the biggest local roundup of large animals in decades, as they removed 73 horses along with more than 50 cats and dogs from the farm.
Four dogs and two cats in good health were returned to Hoskins after living conditions in her home improved, the SPCA said.
SPCA officials said they will file 114 additional charges against Hoskins later this month.
Originally, 10 charges were filed covering the animals. The 10 misdemeanor counts under the state Agriculture & Markets Law stem from evidence gathered on seven of the horses and three cats.
However, the Erie County District Attorney's Office has notified the SPCA that it would like to move ahead with one animal-cruelty charge for each animal seized from Hoskins' properties, with the exception of the six animals already returned.
No date has been set yet in the criminal proceedings before Aurora Town Justice Douglas W. Marky.
Civil proceedings before Glownia resume Monday.
Among the issues expected to be considered are whether the remaining horses are returned or whether Hoskins will have to secure a bond to cover the SPCA's cost of caring for Hoskins' horses.
http://www.buffalonews.com/2010/07/06/1105274/judge-orders-40-horses-returned.html
By Patrick Lakamp
News Staff Reporter
Updated: July 06, 2010, 10:03 pm
Published: July 06, 2010, 10:05 pm
The SPCA Serving Erie County was ordered Tuesday to return 40 of the 73 Morgan horses that it seized in March from an Aurora horse farm.
State Supreme Court Justice Joseph R. Glownia allowed Beth Lynne Hoskins, the farm owner facing 10 counts of animal cruelty, to select which horses she gets back.
The horses could be returned as soon as this week, said Barry N. Covert, one of her lawyers.
Covert and fellow lawyer George V.C. Muscato had asked Glownia to order the return of all the horses.
"Ms. Hoskins would like to have the remaining 33 horses back at the earliest possible date," Covert said. "We're gratified the court has ordered the return of 40 horses at this time."
The SPCA, however, viewed the court order warily.
"It is with grave concern for the horses that the SPCA is complying with this court order," Larry Robb, president of the SPCA's board of directors, said in a statement. "Our concern is not only for the 40 horses ordered returned, but for any other horses which may have been acquired by Ms. Hoskins since the March rescue and may now be residing on one of her properties."
Glownia ordered Hoskins to hire additional help in caring for the animals and to provide the horses with adequate care, the SPCA said.
Glownia gave the SPCA permission to inspect the horses on Hoskins' Emery Road farm.
All the SPCA has to do is give a half-hour's notice, Covert said. "We'll let them in any time they want," he said. "She is an award-winning Morgan breeder. She has nothing to hide."
The horse barns have been cleaned up since March 30, according to the lawyer. "The barns are in terrific condition," Covert said.
The SPCA has said that it has spent more than $200,000 caring for the horses since March and that it wants Hoskins to pay for their care. "We sought to have the horses returned under SPCA supervision to minimize the costs to the SPCA," the SPCA said. "If they had returned the horses, their expenses would have been zero."
On March 18, SPCA investigators conducted the biggest local roundup of large animals in decades, as they removed 73 horses along with more than 50 cats and dogs from the farm.
Four dogs and two cats in good health were returned to Hoskins after living conditions in her home improved, the SPCA said.
SPCA officials said they will file 114 additional charges against Hoskins later this month.
Originally, 10 charges were filed covering the animals. The 10 misdemeanor counts under the state Agriculture & Markets Law stem from evidence gathered on seven of the horses and three cats.
However, the Erie County District Attorney's Office has notified the SPCA that it would like to move ahead with one animal-cruelty charge for each animal seized from Hoskins' properties, with the exception of the six animals already returned.
No date has been set yet in the criminal proceedings before Aurora Town Justice Douglas W. Marky.
Civil proceedings before Glownia resume Monday.
Among the issues expected to be considered are whether the remaining horses are returned or whether Hoskins will have to secure a bond to cover the SPCA's cost of caring for Hoskins' horses.
http://www.buffalonews.com/2010/07/06/1105274/judge-orders-40-horses-returned.html