A New York State Supreme Court judge has ordered the SPCA (Society for the Prevention of Cruelty to Animals) Serving Erie County to return to 40 of the 73 horses the agency removed from a Morgan horse training farm earlier this year.

In March, officials from the SPCA Serving Erie County removed 73 allegedly neglected horses after discovering them living in filth in several barns on an East Aurora, N.Y., farm operated by Morgan horse trainer Beth Hoskins. Since the removal, the horses have been residing in foster homes where they have been receiving rehabilitative care. Hoskins was later charged with 10 counts of misdemeanor animal cruelty for the alleged neglect of seven horses and three cats. She has pleaded not guilty to all of the charges. The criminal case remains pending.

On July 6, New York State Supreme Court Judge Joseph R. Glownia ordered the SPCA to return 40 of the horses removed from Hoskins property. The remaining equines horses remain under the agency's care. Glownia also ordered Hoskins to hire additional employees to care for the animals and to provide adequate care and sustenance for the animals. The SPCA Serving Erie County retained the right to inspect the horses and monitor their care. Larry Robb, president of the SPCA board of directors expressed reservations about the ruling.

"It is with grave concern for the horses that the SPCA is complying with the this court order," Robb said