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Woman’s dog case heads to Mayfield court

September 1, 2012
The Leader Herald

JOHNSTOWN - The case of a woman who is trying to get back her dogs will head to Mayfield Town Court.

On Tuesday, a state Supreme Court order signed by Judge Richard Aulisi said Tirzah Henry's legal case must be handled in Town Court.

Fulton?County District Attorney Louise Sira is requesting the court schedule a hearing.

Authorities seized 33 of Henry's dogs from her then-Progress Road home on June 19. She was charged with counts related to overdriving, torturing and injuring animals, and unawful disposal of dead animals.

Authorities moved Henry's animals to Kelly's Haven for Friends Animal Rescue, but several days later, officials removed the dogs from the shelter, saying it was unable to care for the dogs.

Authorities then brought the dogs to the Mohawk Hudson River Humane Society, where they remain.

In legal papers, Henry claimed the search warrant issued by Mayfield Town Court to seize the dogs from Kelly's Haven was improper. She also sought to reverse a Mayfield Town Court decision ordering her to pay $13,000 for the care of the animals at the humane society. In addition, Henry is trying to prevent the humane society from euthanizing the dogs or putting them up for adoption.

Tuesday's court order stated, "The only appropriate forum for the defendant's present application to seek relief with respect to the search warrant and subsequent decision and order of the Mayfield Town Court is to seek relief in that court."

Sira said Friday the Mayfield town judge could decide the animals must be forfeited to the custody of the Humane Society. Sira said her office is arguing for the forfeiture of the animals.

She also said Henry's criminal charges are still pending.

Henry's attorney, Gerard Heckler, previously claimed Henry's rights were violated. He said Henry was opposed to the animals going to Kelly's Haven, but was unable to do anything about it.



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