On Thursday, the SPCA Westchester based in Briarcliff Manor, NY, announced in a post on Facebook that their Humane Law Enforcement Unit (HLE), under the direction of Ernest Lungaro, arrested Penny Berk of Bedford, NY and charged her with 5 counts of Animal Cruelty.
SPCA Westchester is a No-Kill Animal Rescue Center that also does Humane Law Enforcement for Westchester County.
According to their post on Facebook, “On October 3rd, SPCA Westchester officials were alerted by several witnesses to a dire situation regarding 4 sick Bernese Mountain Dog puppies who were being denied proper medical care at Rescue Right in Northwind Kennels, located in Bedford, NY. On October 4th, the SPCA’s HLE Director, Medical Director, staff veterinary technician, and a NYS Health Department official visited the location and upon inspection discovered that all 4 puppies and their mom, Annabelle, were suffering and in critical condition. One of the puppies could barely breathe and was nonresponsive.”
Further they wrote that SPCA Westchester officials rushed Annabelle and her babies to a private veterinary hospital where all five were diagnosed with a serious and deadly disease known as the Distemper Virus.
The SPCA Westchester noted that Distemper is highly preventable with proper vaccinations and timely medical care. 
“Sadly, one of the puppies was too far gone to be saved and had to be humanely euthanized upon arrival. Over the next six days, despite round the clock veterinary care and treatment, the remaining littermates and Annabelle were euthanized to prevent further suffering.”
“If the dogs had not been denied veterinary treatment, their outcome could have been very different,” SPCA Westchester continued, adding that Annabelle originated from an Amish Pennsylvania puppy mill and was brought to Rescue Right along with an unneutered male Bernese Mountain Dog.
“Sometime after their arrival at Northwind Kennels/Rescue Right the unneutered male was co-kenneled with Annabelle, who was unspayed and subsequently impregnated.”
Reached by phone on Thursday morning, Ms Berk, who also goes by Smith-Berk referred a request for comment to her attorney Anthony Siano in White Plains.
Mr. Siano’s office shared a press release titled, “People v Penelope Smith-Berk in Bedford Justice Court,” saying Ms. Smith-Berk categorically and emphatically denied the five misdemeanor charges filed against her Thursday in Bedford Justice Court.
“Ms. Smith-Berk pled not guilty today and was released on her own recognizance. She and her attorneys intend to contest vigorously the assertions made by the Office of the District Attorney.”
The press release continues: “Since 1921. Northwind Kennels has been Westchester County’s most prestigious and trusted pet care facility. Ms. Penelope Smith-Berk has owned and operated Northwind for over 17 vears. In that time. Ms. Smith-Berk has been committed to the care and safety of literally tens of thousands of pets and rescued animals.”
Also, according to the release Ms Smith-Berk employs over 14 experienced and dedicated pet care workers and has an extensive group of over 20 volunteers who add to the caring community that exists at Northwind.
Attorney Siano is quoted in the release, saying, “My client’s life has been dedicated to the care of animals, and she has invested not just her time, but her own money to ensure they are well provided for. The facility Penny has operated for nearly two decades stands as a testament to her unwavering commitment to animal welfare, serving many wonderful pets in her community and beyond the Westchester area.”
He added, “We look forward to refuting these accusations in Court and obtaining Ms. Smith-Berk’s acquittal. My client is most grateful for the numerous statements of support she is receiving from the honest and responsible pet owners in this community.”
Northwind Kennels and Rescue Right share an address in Bedford, NY. July 18, 2024 Contributed photo
In a follow up call, Mr. Siano declined to comment beyond the press release when asked why there was no mention of Rescue Right in the press release.
The Rescue Right Facebook page says Rescue Right is “a 501(c) (3) non-profit dedicated to all aspects of animal rescue in northern Westch.”
Rescue Right and Northwind Kennels share a phone number and address – (914) 234-3771. 402 Old Post Rd, Bedford, NY 10506.
Penny Smith-Berk with Tiger a three-legged dog rescued from Egypt. August 2016 Photo: Leslie Yager
Penny Smith-Berk with Peko, a dog rescued from Egypt at her facility in Bedford. Photo: Leslie Yager August 2016
The SPCA Westchester’s post noted that Ms. Berk’s next court appearance was set for August 28, and asked anyone witnessing or suspecting an animal is being abused or neglected to call the SPCA’s Cruelty Hotline at (914) 941-7797.
The comments on the SPCA Westchester Facebook post are numerous.
By noon on Thursday there were 99 comments and 87 shares.
Nicole Jones commented, “Dogs have been found dead in their kennels from unknown dieases and unteated heartworm.”
Diane Hermann wrote, “Throw the key away and she should never own a animal for the rest of her life. She should also have to pay a huge fine towards the care of abused animals….disgusting!!!“
AnimalsRFamily, a rescue based in Stamford, posted this comment: “This is just a fraction of what Berk has done. And there are massive files with the DA and SPCA Westchester with the receipts. We hope there will be further charges aa this is just the tip of the iceberg.”
Jim Scova posted this comment: “And don’t forget, she promotes herself as a 501c(3) but isn’t. They have never filed the required 990 after qualifying. Status lost but continued to call herself a non-profit. I wonder where the money goes if not for care of the animals. And I wonder if donors know that as a result their donations are not tax deductible.”
