There's an update in a case involving the founder of an animal rescue in Bedford accused of animal cruelty.

A recent agreement resolves a legal battle with Penelope Smith-Berk, the founder of Rescue Right on Old Post Road in Bedford.

In 2024, she was accused of denying critical medical care to five Bernese mountain dogs and later was charged with two new animal cruelty charges.

You can find our previous reporting here.

She pleaded not guilty.

News 12 was told this recent agreement is not a guilty plea. The document says it's an adjournment in contemplation of dismissal.

It includes certain conditions Smith-Berk must follow, in order for the case to be adjourned in the next year.

That includes within 90 days, she must remove all animals housed at the rescue.

Also, she won't be allowed to accept any rescue animals or put them up for adoption for a year.

Smith-Berk will be subject to inspections by the Agriculture and Markets agency.

Smith-Berk's attorney shared this statement:

“The appearance on January 22, 2026 resulted in an agreement signed by the prosecutor, the defendant, the defense council and the court which provides a framework for the charges to be dismissed. Ms. Penelope Smith-Berk intends to comply with the agreement and to see the charges against her dismissed finally and completely," says Anthony Siano.

The Westchester County District Attorney's Office declined to comment.