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New York County Clerk’s Index No. 150149/16 New York Supreme Court APPELLATE DIVISION — FIRST DEPARTMENT >> >> 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, Petitioner-Appellant, against 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., and THE PRIMATE SANCTUARY INC., Respondents. RECORD ON APPEAL VOLUME II OF II Pages 394 to 780 CARMEN PRESTI, ELIZABETH STEIN, ESQ. individually and as an officer 5 Dunhill Road and director of The Primate New Hyde Park, New York 11040 Sanctuary Inc. 516-747-4726 2764 Livingston Avenue [email protected] Niagara Falls, New York 14303 and 716-284-6118 [email protected] STEVEN M. WISE, ESQ. (of the bar of the State of Respondent Pro Se Massachusetts) by permission of the Court CHRISTIE E. PRESTI individually and as an officer 5195 NW 112th Terrace and director of The Primate Coral Springs, Florida 33076 Sanctuary Inc. 954-648-9864 2764 Livingston Avenue [email protected] Niagara Falls, New York 14303 Attorneys for Petitioner-Appellant 716-284-6118 [email protected] Respondent Pro Se (Additional Counsel Continued Inside) Printed on Recycled Paper THE PRIMATE SANTUARY INC. 2764 Livingston Avenue Niagara Falls, New York 14303 716-284-6118 [email protected] Respondent Pro Se Table of Contents Page Volume I Pre-Argument Statement .......................................................................... 1 Notice of Appeal, dated February 9, 2016 ................................................ 5 Declined Order to Show Cause and Memorandum of the Honorable Barbara Jaffe, Appealed From ......................................... 7 Order of the Honorable Barbara Jaffe, dated January 29, 2016 .............. 12 Verified Petition, dated January 6, 2016 ................................................. 13 Exhibit 1 to Verified Petition - Transcript of Proceedings held before the Honorable Ralph A. Boniello, III on December 9, 2013 in In the Matter of The Nonhuman Rights Project, Inc. on behalf of Kiko v. Carmen Presti (“Niagara County Action”) ........................................................ 37 Exhibit 2 to Verified Petition - Order of the Honorable Ralph A. Boniello, III in Niagara County Action, dated December 9, 2013 ................................... 53 Exhibit 3 to Verified Petition - Order of the Appellate Division, Fourth Department in Niagara County Action, dated March 20, 2015 ......................... 54 Exhibit 4 to Verified Petition - Order of the New York State Court of Appeals in the Niagara County Action, dated September 1, 2015 ..................... 55 Table of Contents (Continued) Page Exhibit 5 to Verified Petition - Order of the Honorable W. Gerard Archer in In the Matter of The Nonhuman Rights Project, Inc. on behalf of Hercules and Leo v. Samuel L. Stanley, Jr., M.D., (“Hercules Action”), dated December 5, 2013 .......................... 56 Exhibit 6 to Verified Petition - Order of the Appellate Division, Second Department in Hercules Action, dated April 3, 2014 ......................................... 58 Exhibit 7 to Verified Petition - Declined Order to Show Cause in In the Matter of The Nonhuman Rights Project, Inc. on behalf of Tommy v. Patrick C. Lavery (“Tommy Action”), dated December 23, 2015 ........................................................... 59 Exhibit 8 to Verified Petition - Letter Brief of Amicus Curiae Laurence H. Tribe in Tommy Action, dated May 8, 2015 ........................................... 61 Exhibit 9 to Verified Petition - Letter Brief of Amicus Curiae Justin Marceau in Tommy Action, dated April 14, 2015, in Support of Motion for Leave to Appeal to the Court of Appeals ................................... 79 Exhibit 10 to Verified Petition - The Nonhuman Rights Project, Inc. Trust for Tommy, Kiko, Hercules and Leo, dated November 15, 2013 .................. 83 Affidavit of Molly Polidoroff, sworn to December 5, 2014 .................... 93 Exhibit A to Polidoroff Affidavit - Photographs of “STC” Sanctuary .............................................. 101 ii Table of Contents (Continued) Page Exhibit B to Polidoroff Affidavit - Standards for Great Ape Sanctuaries, dated January 2013 ....... 105 Affidavit of Steven M. Wise (“Second Hercules and Leo Petition”), sworn to January 21, 2015 ............................................................... 177 Exhibit A to Wise Affidavit - Printout of “Announcement of Agency Decision: Recommendations on the Use of Chimpanzees in NIH Supports Research,” dated June 26, 2013 ......................... 180 Exhibit B to Wise Affidavit - Brazilian Decision in Portuguese, in In favor of Suica, a Chimpanzee, dated September 28, 2005 ................................... 217 Exhibit C to Wise Affidavit - English Translation of Brazilian Decision, in In favor of Suica, a Chimpanzee, dated September 28, 2005 ..................... 222 Exhibit D to Wise Affidavit - Excerpts from Brief filed in Appellate Division, Fourth Department on behalf of Kiko ....................................... 224 Exhibit E to Wise Affidavit - Excerpts from Oral Argument of Steven M. Wise, in Appellate Division, Fourth Department ................................ 226 Exhibit F to Wise Affidavit - (i) Excerpts from Memorandum of Law filed in Supreme Court, Niagara County on behalf of Kiko, dated December 2, 2013 ............................................................ 230 (ii) Verified Petition filed in Supreme Court, Niagara County on behalf of Kiko, dated December 2, 2013 ................. 232 Affidavit of James R. Anderson, sworn to November 20, 2013, ........... 249 iii Table of Contents (Continued) Page Exhibit A to Anderson Affidavit - References ................................................................................. 258 Affidavit of Christophe Boesch, sworn to November 19, 2013 ............. 262 Exhibit A to Boesch Affidavit - Curriculum Vitae ....................................................................... 276 Exhibit B to Boesch Affidavit - References ................................................................................. 300 Affidavit of Jennifer M.B. Fugate, sworn to November 22, 2013 ......... 302 Exhibit A to Fugate Affidavit - References ................................................................................. 310 Affidavit of Mary Lee Jensvold, sworn to November 21, 2013, ............ 313 Exhibit A to Jensvold Affidavit - Curriculum Vitae ....................................................................... 326 Exhibit B to Jensvold Affidavit - References ................................................................................. 343 Affidavit of James King, sworn to November 21, 2013, ........................ 346 Exhibit A to King Affidavit - Curriculum Vitae ....................................................................... 355 Exhibit B to King Affidavit - References ................................................................................. 364 Affidavit of Tetsuro Matsuzawa, sworn to November 23, 2013, ........... 366 Exhibit A to Matsuzawa Affidavit - Curriculum Vitae ....................................................................... 376 iv Table of Contents (Continued) Page Exhibit B to Matsuzawa Affidavit - References ................................................................................. 390 Volume II Affidavit of William C. McGrew, sworn to November 21, 2013, ......... 394 Exhibit A to McGrew Affidavit - Curriculum Vitae ....................................................................... 408 Exhibit B to McGrew Affidavit - References ................................................................................. 435 Affidavit of Mathias Osvath, declared November 19, 2013 ................... 440 Exhibit A to Osvath Affidavit - References ................................................................................. 448 Affidavit of Emily Sue Savage-Rumbaugh, sworn to November 22, 2013 ........................................................... 450 Exhibit A to Savage-Rumbaugh - Curriculum Vitae ....................................................................... 467 Exhibit B to Savage-Rumbaugh - References ................................................................................. 504 Supplemental Affidavit of James R. Anderson, sworn to November 18, 2015 ........................................................... 515 Exhibit A to Anderson Supplemental Affidavit - References ................................................................................. 525 Supplemental Affidavit of Christophe Boesch, sworn to October 14, 2015 ............................................................... 529 v Table of Contents (Continued) Page Exhibit A to Boesch Supplemental Affidavit - References ................................................................................. 539 Affidavit of Jane Goodall, sworn to September 21, 2015 ...................... 543 Exhibit A to Goodall Affidavit - Curriculum Vitae ....................................................................... 553 Supplemental Affidavit of Mary Lee Jensvold, sworn to September 29, 2015 ........................................................... 580 Exhibit A to Jensvold Supplemental Affidavit - References ................................................................................. 586 Supplemental Affidavit
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