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

Motion No: M-2025

Slip Opinion No: 2017 NYSlipOp 76007(U)

Decided on June 6, 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.

June 6, 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, individually and

as an officer of Circle L. Trailers

Sales, Inc., Diane Lavery, and Circle

L. Trailer Sales, Inc.,

Respondents-Respondents.

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 Kiko, M-2026 Petitioner-Appellant, Index No. 150149/16 v

Carmen Presti, individually and as an

officer and director of the Primate

Sanctuary, Inc., Christie E. Presti,

individually and as an officer and

director of The Primate Sanctuary,

Inc., Respondents-Respondents.

-----------------------------------------X An appeal having been perfected and argued before this Court on March 16, 2017 (Appeal Nos. 3648-3649), and said appeal is currently pending before this Court, And, by separate motions, petitioner in each action having moved for leave to file a letter, dated April 6, 2017, which

had been sent to Bryan Garner, editor in chief of Black's Law Dictionary, and his email response, and for other related relief (M-2025/M-2026), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it is Ordered that the motions are both denied in their entirety. ENTERED: June 6, 2017

_____________________ CLERK

Present: Hon. Dianne T. Renwick,Justice Presiding, Angela M. Mazzarelli Sallie Manzanet-Daniels Paul G. Feinman Troy K. Webber, Justices

M-2025

Index No. 162358/15