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Appeal still possible in animal cruelty case involving fallen racehorse

An appeal of Farmington Judge Morris Lew’s decision to throw out an animal cruelty charge last month is still a possibility for the Ontario County District Attorney’s Office.

Assistant District Attorney Heather Hines said Thursday that she is still waiting on a transcript from last month’s trial of Farmington resident Terra Payne, before making any moves toward a possible appeal of the discarded charge.

An animal cruelty charge was filed roughly a year ago against Payne and Patrick Ryan following the death of a retired racehorse that spent time at their farm on Route 41. The couple are accused of failing to provide proper sustenance to the horse, named Dancing Timber. The animal was later euthanized due to its emaciated state.

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