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Displaying 91 - 100 of 369
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Article 70 of CPLR for a Writ of Habeas Corpus, The Nonhuman Rights Project, Inc. ex rel. Hercules and Leo v. Stanley | 49 Misc. 3d 746 (N.Y. Sup. Ct. 2015) | 2015 WL 4612340 (N.Y. Sup. Ct., 2015) | Petitioner brought this proceeding pursuant to CPLR article 70 and under the common law for a writ of habeas corpus on behalf of Hercules and Leo, two chimpanzees in the custody of respondent State University of New York at Stony Brook. It sought an order directing respondents to demonstrate the basis for detaining Hercules and Leo, and an order directing their release and transfer to a sanctuary in Florida. Respondents opposed the petition and cross moved to change venue. While the Supreme Court of New York County found that neither CPLR 7002(b)(3) nor CPLR 7004(c) required a change of venue to Suffolk County; that the petitioner had standing to bring the case; and that prior proceedings did not bar this case from being heard, the substance of the petition required a finding as to whether a chimpanzee was a legal person entitled to bring a writ of habeas corpus. Since the Court found it was bound by the Third Department in People ex rel Nonhuman Rights Project, Inc. v. Lavery, which ruled that chimpanzees were not “legal persons” entitled to the rights and protections afforded by a writ of habeas corpus, it denied the habeas corpus petition and dismissed the proceeding. | Case | |
| OH - Exotic Pets - 901:1-17-12 Non-domestic animals | Ohio Admin. Code § 901:1-17-12 | OH ADC 901:1-17-12 | Under this Ohio regulation, no non-domestic animal shall be imported into the state of Ohio unless accompanied by a permit issued prior to entry and certificate of veterinary inspection, is free of evidence of any contagious or infectious diseases or parasites harmful to humans or animals, and is in full compliance with all state and federal agencies rules and regulations. The specific disease requirements listed in the remainder of the rule concern only animals such as Cervidae (deer, moose, etc.), Bovidae (antelope, wild cattle, etc.), Suidae (sporting and feral swine), Tayassuidae (peccarie), and Psittacine birds. | Administrative | |
| NY - Endangered Species - Chapter 43-B. Of the Consolidated Laws. | N.Y. Envtl. Conserv. Law § 11-0535 | NY ENVIR CONSER § 11-0535 | The New York code for endangered species defines endangered species as any species which meets one of the following criteria: native species in imminent danger of extirpation or extinction in New York; or species listed as endangered by the United States Department of the Interior in the Code of Federal Regulations (50 CFR part 17). | Statute | |
| OR - Primates - 603-011-0381 Importation of Nonhuman Primates | OR ADC 603-011-0381 | OAR 603-011-0381 | This Oregon regulation provides that no person shall ship, move, or import into this state any nonhuman primates (including, but not limited to, monkeys, baboons, gibbons, chimpanzees, and marmosets) without first obtaining a permit from the Department. Further, all nonhuman primates shipped, moved, or imported into this state shall also be accompanied by an official health certificate certifying that said animals are free from the following human pathogenic agents. | Administrative | |
| PA - Permits - Chapter 29. Special Licenses and Permits. Subchapter A. General Provisions. | 34 Pa.C.S.A. § 2901 - 2908 | PA ST 34 Pa.C.S.A. § 2901 - 2908 | This chapter of Pennsylvania laws allows the commission to issue permits to take wildlife. Among the permit categories include endangered or threatened species permits, wildlife menagerie, wildlife (exotic) dealer, and wildlife (exotic) possession permits. It is unlawful to exercise any of the privileges granted by a permit issued under this title without first securing the required permit. | Statute | |
| NY - Wild animal, possession - Part 820. Required Annual Reporting of the Presence of Wild Animals | 19 NY ADC 820.1 to .3 | 19 NYCRR 820.1 - .3 | This set of New York regulations provides a form for individuals keeping wild animals to report with the city, town or village clerk within whose jurisdiction the animal is owned, possessed or harbored, on or before April 1st of each year. General Municipal Law (GML), section 209-cc requires the State Fire Administrator, in consultation with the Department of Environmental Conservation, to develop and maintain a list of the common names of wild animals that are reported annually to local authorities. | Administrative | |
| CA - Fish & Game - Chapter 1. General Definitions | West's Ann. Cal. Fish & G. Code § 1 - 89.5 | CA FISH & G § 1 - 89.5 | This chapter includes the general definitions for the Fish and Game Code. | Statute | |
| PA - Rehabilitation, wildlife - Subchapter P. Wildlife Rehabilitation | 58 PA ADC § 147.301 - 312 | 58 Pa. Code § 147.301 - 312 | Under this Pennsylvania chapter of regulations, the Director may issue a permit to an individual who meets the requirements of 34 Pa.C.S. § 2901(a) (relating to authority to issue permits) and this subchapter for the purpose of wildlife rehabilitation, wildlife capture and transportation, and educational use of rehabilitation wildlife. "Wildlife rehabilitation"is defined as the treatment and temporary care of injured, diseased and displaced wildlife, and the subsequent release of healthy wildlife to appropriate habitats in the wild. | Administrative | |
| GA - Cruelty - Consolidated Cruelty Laws | Ga. Code Ann., § 16-12-4, § 16-6-6 | GA ST § 16-12-4; § 16-6-6 | This comprises Georgia's anti-cruelty provisions. Under the statute, "animal" does not include any fish or any pest that might be exterminated or removed. A person commits the offense of cruelty to animals when he or she causes death or unjustifiable physical pain or suffering to any animal by an act, an omission, or willful neglect. Any person convicted of a violation of this subsection shall be guilty of a misdemeanor, but subsequent convictions incur enhanced penalties. A person commits the offense of aggravated cruelty to animals when he or she knowingly and maliciously causes death or physical harm to an animal by rendering a part of such animal's body useless or by seriously disfiguring such animal. | Statute | |
| Suica - Habeas Corpus | Official Diary for October 4th 2005 |
First case to consider that a chimpanzee might be a legal person to come before the court under a petition for Habeas Corpus. |
Case |