In Montgomery County Society for the Prevention of Cruelty to Animals v. Juliana Bennett-blue (255 A.D.2d 705) plaintiff and the Sheriff's Department raided defendant's farm, located in the Town of Perth, Fulton County, and found 148 live animals and numerous decomposing animal bodies; many of the animals found alive were severely malnourished and approximately 34 animals had to be immediately destroyed. The Sheriff's Department seized the remaining animals and placed them in plaintiff's custody and defendant was charged, in violation of Agriculture and Markets Law 353 and 356, with several misdemeanor counts of cruelty to animals. Thereafter, in accordance with a plea agreement, defendant entered an Alford plea to a violation of Agriculture and Markets Law 369, interference with officers, and was sentenced to a period of probation. The terms of probation included, inter alia, monthly monitoring of defendant by licensed veterinarians for one year and, further, that the animals seized, except those adopted out to other families, would be returned to her. The plea and sentence agreement was reduced to writing and executed by defendant, her attorney, an Assistant District Attorney and the Town Justice; significantly, a representative of plaintiff's organization did not sign the agreement. Subsequently, plaintiff commenced this action pursuant to Agriculture and Markets Law 373 seeking, inter alia, permanent custody of the seized animals ( id., at 705-706).