In the Matter of a Proceeding under Article 70 of the CPLR for a Writ of Habeas Corpus and Order to Show Cause the Nonhuman Rights Project

In the Matter of a Proceeding under Article 70 of the CPLR for a Writ of Habeas Corpus and Order to Show Cause the Nonhuman Rights Project
Motion No: M-2466
Slip Opinion No: 2020 NYSlipOp 70587(U)
Decided on August 27, 2020
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.



August 27, 2020

In the Matter of a Proceeding under

Article 70 of the CPLR for a Writ of

Habeas Corpus and Order to Show Cause

The Nonhuman Rights Project, Inc. on

behalf of Happy, Petitioner-Appellant, v

James J. Breheny, etc., et al.,

Respondents-Respondents.

An appeal having been taken to this Court from an order of the Supreme Court, Bronx County, entered on or about February 19, 2020, and said appeal having been perfected, And Laurence H. Tribe, Esq., having moved for leave to file a brief amicus curiae in connection with the aforesaid appeal (M-2387), And Gary Comstock, Ph.D., G.K.D. Crozier, Ph.D., Andrew Fenton, Ph.D., Tyler John, L. Syd M Johnson, Ph.D., Robert C. Jones, Ph.D., Letitia Meynell, Ph.D., Nathan Nobis, Ph.D., David PeÑa-GuzmÁn, Ph.D., James Rocha, Ph.D., Bernard Rollin, Ph.D., and Jeff Sebo, Ph.D (collectively Philosophers) having moved for leave to file a brief amici curiae in connection with the aforesaid appeal (M-2442),And Justin Marceau and Samuel Wiseman having moved for leave to file a brief amici curiae in connection with the aforesaid appeal (M-2466), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that the motions by Laurence H. Tribe, Esq. (M-2387), Philosophers (M-2442), and Justin Marceau and Samuel Wiseman (M-2466) are granted, and the six copies of the brief amicus curiae submitted to this Court with the moving papers for each movant are deemed filed. ENTERED: August 27, 2020

_____________________ CLERK

Present - Hon. Barbara R. Kapnick, Justice Presiding, Cynthia S. Kern Anil C. Singh Peter H. Moulton Lizbeth GonzÁlez, Justices

M-2466

M-2442

M-2387

Index No.260441/19