IN THE MATTER OF THE NONHUMAN RIGHTS PROJECT, INC., ON BEHALF OF HAPPY V JAMES J. BREHENY, IN HIS OFFICIAL CAPACITY AS
Motion No: NOS. CA 19-00530 AND CA 19-00531
Slip Opinion No: 2019 NY Slip Op 67903(U)
Decided on April 8, 2019
Appellate Division, Fourth 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.


April 8, 2019

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

DOCKET NOS. CA 19-00530 AND CA 19-00531

IN THE MATTER OF THE NONHUMAN RIGHTS PROJECT, INC.,

ON BEHALF OF HAPPY, PETITIONER,

V

JAMES J. BREHENY, IN HIS OFFICIAL CAPACITY AS EXECUTIVE

VICE PRESIDENT AND GENERAL DIRECTOR OF ZOOS AND AQUARIUMS

OF THE WILDLIFE CONSERVATION SOCIETY AND DIRECTOR OF THE

BRONX ZOO, AND WILDLIFE CONSERVATION SOCIETY, RESPONDENTS.


Petitioner having moved for leave to appeal to this Court from orders of the Supreme Court entered in the Office of the Clerk of the County of Orleans on January 23, 2019, and February 26, 2019, and for a stay of enforcement of the order entered January 23, 2019, pursuant to CPLR 5519 (c),

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: April 8, 2019

Mark W. Bennett, Clerk