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.

Dante DiPirro, Esq. to participate in Solar Roundtable at Rutgers University

Dante DiPirro, an  environmental lawyer and renewable energy lawyer, will be a panelist on a discussion of solar energy at Rutgers University on December 3, 2014. The discussion will include the current status of solar energy, the marketplace in New Jersey, and the future of solar energy in New Jersey and the United States. Other panelists include: Jeanne Fox, and attorney and former President of the NJ Board of Public Utilities; Pam Frank, of Gabel Associates; and Robert Kropp, Rutgers Professor and former Department of Energy employee. The roundtable will kick off at 6 pm at the Student Activities Center, 613 George Street, New Brunswick NJ 08903. The event is open to students, government officials, and members of the public.

Penn East Pipeline under Delaware River in Jersey would threaten drinking water, health & environment

Dante DiPirro, Mr. Sustainable and an environmental lawyer,  opposes the fossil fuel industry’s proposed Penn East pipeline under the Delaware River and through environmentally sensitive areas of Hunterdon and Mercer Counties. Penn East Pipeline under Delaware River in Jersey would threaten drinking water, health & environment.  http://www.mr-sustainable.com/2014/10/02/penn-east-pipeline-under-delaware-river-in-jersey-would-threaten-drinking-water-health-environment/

Small Business Legal Seminar: Operating a Yoga Business: September 14, 2014

Dante DiPirro, Esq. will present a small business legal seminar “Legal Tips on Operating a Yoga Business” 4:30 pm Sunday, September 14, 2014 in Somerville NJ.  The seminar, hosted by Devalila Yoga, will be focused on providing practical legal information for individuals who want to open a yoga business or just run one well.  While the legal principals to be covered are applicable to all small businesses, particular emphasis will be given to issues that may be encountered for yoga businesses.  Topics include: liability and the formation of corporations and LLCs; business registrations; taxes; real estate; home businesses; insurance; employee issues; and independent contractors.

Dante has been practicing law over 25 years, and represents for-profit businesses, non-profits, and trade associations.

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.