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|Prosecutor(s):|| Joseph LaMotto|
|Defense(s): ||Jack O'Donnell |
|Judge(s):|| William Holden| CONVICTED: Was justice served?
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Wednesday, Dec 10, 2008County: New Haven
» Jeffrey Boyarsky
» Bella Boyarsky
Case Updates: 3 update(s) available
Dozens of dogs and birds were seized from a Bethany home and kennel Wednesday morning after the state received complaints about the condition and care of the animals.
The animals seized from the Oak Ridge Drive home include:
* 11 adult German Shepherds and Labradors and 38 puppies
* 56 birds including finches, doves, pigeons and parakeets
* Approximately 50 waterfowl of various breeds and several pheasants
State police and the Department of Agriculture are conducting the investigation with the towns of East Haven, Redding, Milford and Hamden helping to remove the animals from the home.
The property belongs to Jeffery Boyarsky and he has a kennel license issued by the town of Bethany.
The Department of Agriculture launched the investigation after receiving several complaints from customers that puppies purchased from Boyarsky became sick and one had to be euthanized.
A search of the property revealed frozen water buckets, thin dogs and a puppy that appeared lethargic.
Commissioner of Agriculture F. Philip Prelli said "It appears that these animals were not receiving proper care including veterinary care and adequate water. This may have contributed to the puppies Mr. Boyarsky sold becoming sick. The department takes all animal neglect complaints seriously and acted in the best interest of these animals. The Department may pursue criminal cruelty to animal charges in this case."
Alex Boyarsky says her family loves each and every animal.
"This is a family thing. We take care of all of them. How could they do this," Alexis said. "These people should be ashamed of themselves. To just walk into someone's home and take something they have worked so hard for."
All of the seized animals are being examined by a veterinarian and will be housed in local municipal shelters pending the court case. Currently one puppy has been admitted to an animal hospital for treatment.
State officials also say they have investigated Boyarsky's operation at least five times in the past eight years.
The State Environmental Conservation Police say Boyarsky possessed birds for which he needed a game breeder's license.
Neighbors say they often heard a lot of commotion on the property.
"We always heard alot of dogs barking and seemed like there were a lot of dogs and so we always were concerned with what was going on there," said neighbor Carol Voloshin.
"Our neighbor over there, she's complained several times about the noise and whatever else," said neighbor Wesley Hook.
News Channel 8 tried to get a comment from Bodarsky, but he had no comment about the case. A family friend says they loved each and every animal.
"They have a lot of birds and dogs and it's their pleasure and these animals are well taken care of, well taken care of," said family friend, Sue Dellafiore.
No arrests have been made.
|The owner of a Bethany puppy mill escaped a prison sentence Monday when a Superior Court judge sentenced him to three years of supervised probation after he pleaded guilty to 10 animal cruelty counts.|
Jeffery Boyarsky stood before Judge William Holden while his attorney Jack O'Donnell argued that jailing the former owner of Boyar Kennels would serve no purpose. Holden agreed, sentencing Boyarsky to a suspended nine-year term and placing him on three years supervised probation. Under the sentence, Boyarsky can never again own a kennel and can only have one pet, a dog that Boyarsky said lives with his daughter.
Boyarsky is a "broken man," O'Donnell said. He suffers from a variety of physical and mental ailments, the attorney said, and has lost everything -- his marriage, his family and his business.
"What happened in this case is his physical and mental infirmities got the best of him," O'Donnell said. When Boyarsky was no longer able to handle the responsibilities of the business, the burden fell on his wife, who was also ill-equipped to deal with it, O'Donnell said.
Boyarsky's wife Bella also was charged in the case and was sentenced to a five-year suspended sentence in January. She pleaded guilty under the Alford Doctrine, not admitting guilt but acknowledging that the state had enough evidence to convict her.
But State's Attorney Joseph LaMotto said Boyarsky was well enough to breed dozens of dogs and make a profit from them.
"He was certainly not too sick to sell those animals and maintain the website," LaMotto said, noting that when the 275 live animals -- both dogs and birds -- were confiscated in 2008, there were 53 puppies, 40 of them under five weeks of age. Five other animals were found dead that day at the kennel.
"They were all going to be sold which would have meant income to the defendant," LaMotto said. The birds confiscated were the type that could be sold to pet stores at a profit, he added.
"The state's position today is that jail time is warranted," LaMotto told Holden, recommending 10 years in prison suspended after two served.
At the time of his arrest, Boyarsky was on probation from a prior breach of peace conviction, LaMotto said, the conditions of which were the suitable care of his animals. Though never charged with violation of probation, Boyarsky clearly was at the time of his arrest, LaMotto said.
"The state hopes that the court can send a message to those running so-called puppy mills," he told Holden.
He also argued that Boyarsky should be made to repay some of the cost of the state Department of Agriculture's investigation into the case, asking for reparations of $6,400. Holden agreed with that but set the repayment amount at $3,000, noting that Boyarsky had already made a donation to the ASPCA of $2,000.
Afterwards O'Donnell said his client wasn't happy with having to pay more money. Boyarsky's only income is Social Security disability, he said, and "money is tight."
|Source: bethwood.patch.com - Feb 27, 2012|
Update posted on Feb 28, 2012 - 7:08PM
|In December of 2008, the state descended upon the home of Jeffrey and Bella Boyarski on Oak Ridge Drive in Bethany and confiscated more than 50 dogs and hundreds of birds. Jeffrey Boyarski, who was accused of operating a puppy mill, was charged with 78 counts of animal cruelty for which he will be sentenced today.|
According to an account in the New Haven Register, "The animals were seized after state Department of Agriculture officials said the animals were not receiving adequate veterinary care and water. The water in the dogs' bowls was frozen, several animals appeared thin and one puppy appeared lethargic. Three peacocks were found dead on the property, Commissioner of Agriculture F. Phillip Prelli said."
The sentencing was scheduled for 10:00 a.m. this morning at 121 Elm Street, New Haven, Courtroom "C", but was postponed by the judge until 2:00 p.m. today. Boyarsky could recieve up to 10 years in prison.
|Source: bethwood.patch.com - Feb 27, 2012|
Update posted on Feb 27, 2012 - 4:16PM
|The two owners of a local breeding kennel face 78 counts each of cruelty to animals stemming from a raid that took place at their property almost a year ago.|
State officials in December 2008 seized more than 50 dogs and hundreds of birds, some of which were rare and exotic breeds, after receiving complaints about the treatment of animals at the 41 Oak Ridge Drive kennel, state officials said.
The investigation following the search and seizure at Boyar Kennels resulted in the arrests of Jeffrey Boyarsky, 62, of 21 Elm St., New Haven, and Bella Boyarsky, 62, of 41 Oak Ridge Drive.
They turned themselves in to state police Wednesday when they learned of the warrants for their arrests, state police said.
The animals were seized after state Department of Agriculture officials said the animals were not receiving adequate veterinary care and water. The water in the dogs' bowls was frozen, several animals appeared thin and one puppy appeared lethargic. Three peacocks were found dead on the property, Commissioner of Agriculture F. Phillip Prelli said.
State Animal Control Officer Barbara Godejohn said the Boyarskys were given a chance to improve conditions at their kennel.
"There were continuous complaints and inspections," she said. "How many times do you go back, and how many times do you ask for corrections, and how many times do you ask for them to get a vet to get out there?"
The man who answered the phone at the Boyarsky house would not comment on the arrest.
"We can't talk to you right now, until we talk to the lawyer," the man who answered the phone said.
When asked the lawyer's name, the man hung up the phone.
The Agriculture Department inspected Boyar Kennels last year when people complained puppies became sick shortly after they were purchased. One complainant said a puppy had to be euthanized by a veterinarian shortly after being purchased from Boyar Kennels.
Godejohn said the arrest warrant was applied for in January, but was served 11 months later at the discretion of court officials.
"The animals were out of a bad situation so there wasn't a rush anymore," she said.
Shortly after the animals were seized, Jeffrey Boyarsky agreed to give the state ownership, through negotiations with state Attorney General Richard Blumenthal.
"Our prime concern was with the well being of these animals, who were treated so cruelly and tragically," Blumenthal said Thursday. "The number of specific counts in these criminal charges reflects the importance of the case and the allegations."
Once the state gained custody, the animals were placed in appropriate homes.
Godejohn said she was inundated with requests for the dogs, which were pure bred Labradors and German shepherds.
The birds, ducks and fowl were placed on farms and at the Beardsley Zoo in Bridgeport.
|Source: newhavenregister.com - Nov 13, 2009|
Update posted on Feb 27, 2012 - 4:14PM
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