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

Motion No: M-6218

Slip Opinion No: 2017 NYSlipOp 62622(U)

Decided on January 3, 2017

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.

January 3, 2017

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 said appeals having been perfected, And, petitioner-appellant having moved for leave to file a brief in response to the amicus curiae brief filed by Richard L. Cupp, Jr., Pepperdine University School of Law 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 denied.ENTERED: January 3, 2017

_____________________ CLERK

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

M-6218

Index No. 162358/15