OGDEN, N.Y. (WROC) — An Ogden dog accused of biting a jogger last July will not be euthanized, according to a recent ruling from Monroe County Court Judge Michael Dollinger that reversed an earlier court order.
Jeremy Wolf, the dog’s owner, appealed an Ogden Justice Court decision from July which found the dog, Vanessa. to be a “dangerous dog” and deemed it necessary for her to be euthanized.
According to new court documents, Wolf argued the decision be reversed because the jogger failed to establish clear and convincing evidence that Vanessa bit the victim as opposed to the other dog that chased her and that the jogger suffered a “serious physical injury as defined by AML.” He also argued the justice court failed to analyze whether less severe measures would be adequate to protect the public.
In regards to the “dangerous dog” issue, the court found the dog bite the victim suffered rose to the level of physical injury, supporting the finding that Vanessa bit the jogger, not the other dog.
Vanessa has been in captivity since the incident. Wolf requested she be moved to a not-for-profit animal sanctuary called Against All Oddz in the town of Darien, but she wasn’t moved.
Court documents say the lower court did not consider the possibility that confinement at Against All Oddz, instead of euthanasia, would protect the public by removing Vanessa from a residential area.
Judge Dollinger modified the lower court’s order by cancelling the part of the order directing Vanessa be euthanized.
According to the documents, Judge Dollinger said Vanessa must be in a place that prevents escape, protects the public from unauthorized contact, and protects the dog from the elements.
The matter will now go to a court appearance with the Ogden Justice Court to determine whether Vanessa will stay at Against All Oddz, be sent back home, or moved somewhere else that meets the three conditions.
Wolf received a letter from Ogden Town Court, moving his court date on this matter to May 17.
Wolf is organizing a protest at the Ogden Town Court on Monday, April 19 at 5 p.m.