In the Matter of a Proceeding Under Article 70 of the CPLR for a Writ of Habeas Corpus

Motion No: M-5956

Slip Opinion No: 2016 NYSlipOp 96084(U)

Decided on December 22, 2016

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

December 22, 2016

In the Matter of a Proceeding Under

Article 70 of the CPLR for a Writ of

Habeas Corpus,

The Nonhuman Rights Project, Inc., on

behalf of Tommy,

Petitioner-Appellant,

v Patrick C. Lavery, etc., et al.,

Respondents-Respondents.

- - - - - - - - - - - - -

Richard L. Cupp, Jr., Pepperdine

University School of Law,

Amicus Curiae.

An appeal having been taken from the order of the Supreme Court, New York County, entered on or about July 8, 2016, And Richard L. Cupp, Jr., Pepperdine University School of Law, having moved for leave to file a brief amicus curiae in connection with the aforesaid appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the motion is granted to the extent of directing movant to file an original and 8 copies of a brief amicus curiae, submitted with the moving papers, but in compliance with CPLR 5529 and 22NYCRR 600.10, with this Court

together with proof of service on counsel for petitioner and on all respondents on or before January 4, 2017, for the February

Term, to which Term the perfected appeal is adjourned.

placed on the same day calendar as the appeal in Matter of Nonhuman Rights Project v Presti (Cal. No. 2483). ENTERED: December 22, 2016

_____________________ DEPUTY CLERK

PRESENT - Hon. Peter Tom, Justice Presiding, David B. Saxe Rosalyn H. Richter Judith J. Gische Ellen Gesmer, Justices

M-5956

Index No. 162358/15