FILED: APPELLATE DIVISION - 1ST DEPT 07/17/2020 05:31 PM 2020-02581 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/17/2020 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST DEPARTMENT In the Matter of a Proceeding under Article 70 of the CPLR for a Writ of Habeas Corpus and Order to Show Cause, Case No.: 2020-02581 THE NONHUMAN RIGHTS PROJECT, INC., on behalf of HAPPY, Index No.: 260441/2019 (Bronx County) Petitioner-Appellant, NOTICE OF MOTION -against- OF PHILOSOPHERS FOR LEAVE TO FILE JAMES J. BREHENY, in his official capacity as the BRIEF AS AMICI Executive Vice President and General Director of Zoos CURIAE and Aquariums of the Wildlife Conservation Society and Director of the Bronx Zoo, and WILDLIFE CONSERVATION SOCIETY, Respondents-Respondents. PLEASE TAKE NOTICE that, upon the annexed affirmation of Amy Trakinski, dated July 16, 2020, the undersigned will move this Court, on behalf of 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”), at a term of the Appellate Division of the Supreme Court, First Judicial Department, at the Courthouse located at 27 Madison Avenue, New York, New York, for an order granting leave to file the 1 annexed brief as Amici Curiae in support of the Pctitioner-Appellant, the Nonhuman Ri ghts Projcrt, Inc., in tht;: aoovc--(:aptiol1cd action. PLEASE TAKE FURTHER NOTICE, that the motion is returnable at 10 o'clock in the forenoon on July 27, 2020, which is at least 9 days from the date of service of these papers. Panies are hereby advised that arguments will be on the papers and no appearonce is required or permiucd. Dated: July 16,2020 BY~.......M,lYTRAK· K1 165 West 91'" Strect, Apt. 168 New York, New York 10024 (917)902-28 13 [email protected] Attorney for Amici Curiae Cliry Comstock. Ph.D.. C.K.D. Crozier, PhD.. AI/drew Fenton. Ph.D. Tyler John. L. Syd M Johnson. Ph.D. Robert C. JOlles. PhD.. Letilia Meynell, Ph.D., Nathall Nobis. PhD., David Pefia-CIIZr1ll11l. Ph.D.. James Rocha. "11.0.. Bemard Rollill. Pho. U/7d JeffSebo, PhD. NOTICE (VIA NYSCEF) TO: New York State Supreme Court Appellate Division - First Dcpanment Clerk's Office 27 Madison Avenue New York, New York 10010 (2 12) 340-0400 2 Elizabeth Stein, Esq. 5 Dunhill Road New Hyde Park, NY 11040 (516) 747-4726 [email protected] Attorney for Petitioner-Appellant Steven M. Wise, Esq. 5195 NW 112th Terrace Coral Springs, FL 33076 (954) 646-9864 [email protected] Attorney for Petitioner-Appellant PHILLIPS LYTLE LLP Kenneth A. Manning, Esq. ([email protected]) Joanna J. Chen, Esq. ([email protected]) William V. Rossi, Esq. ([email protected]) 125 Main Street Buffalo, New York 14203 (716) 847-8400 Attorneys for Respondents-Respondents 3 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST DEPARTMENT In the Matter of a Proceeding under Article 70 of the CPLR for a Writ of Habeas Corpus and Order to Show Cause, Case No.: 2020-02581 THE NONHUMAN RIGHTS PROJECT, INC., on behalf Index No.: 260441/2019 of HAPPY, (Bronx County) Petitioner-Appellant, AFFIRMATION OF AMY TRAKINSKI -against- IN SUPPORT OF MOTION OF JAMES J. BREHENY, in his official capacity as the PHILOSOPHERS Executive Vice President and General Director of Zoos FOR LEAVE TO FILE and Aquariums of the Wildlife Conservation Society and BRIEF AS AMICI Director of the Bronx Zoo, and WILDLIFE CURIAE CONSERVATION SOCIETY, Respondents-Respondents. I, Amy Trakinski, hereby affirm under penalty of perjury: 1. I am an attorney duly admitted to practice in the courts of the State of New York. I submit this affirmation on behalf of 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”) in support of their motion to submit the attached brief as Amici Curiae in support of the Petitioner-Appellant Nonhuman Rights Project, Inc. (“NhRP”) in the above-captioned proceedings. I am not a party to 1 this proceeding nor do I represent any of the parties to it. Attached hereto as Exhibit 1 is the Order appealed from. Attached hereto as Exhibit 2 is the Notice of Appeal. 2. The Philosophers have expertise in animal ethics, political theory, the philosophy of animal cognition and behavior, and the philosophy of biology and seek to submit an amicus brief in support of the NhRP’s efforts to secure habeas corpus relief for Happy. Collectively, the Philosophers have long-standing interests in the ethical and legal duties to animals and share a commitment to rejecting arbitrary distinctions used prejudicially to protect humans without protecting other animals. They seek to submit their brief as Amici Curiae because of their interest in ensuring the law is applied and interpreted in a manner that is consistent with the best philosophical standards of rational judgment and ethical standards of justice. 3. The Philosophers were granted leave to file briefs as Amici Curiae in this Court and other appellate courts in New York State in similar cases, including the Court of Appeals. 4. Gary L. Comstock is professor of philosophy at North Carolina State University where he conducts research on ethical questions in the biological sciences. Dr. Comstock received his undergraduate degree from Wheaton College and his M.A. and Ph.D. degrees from the University of Chicago. He teaches courses in 2 moral philosophy, taking up subjects to include animal ethics and human medical ethics. He is co-editor of The Moral Rights of Animals (Lexington Press, 2016) and discusses the use of animals in research in his books, Research Ethics: A Philosophical Guide to the Responsible Conduct of Research (Cambridge University Press, 2013), and Vexing Nature? On the Ethical Case Against Agricultural Biotechnology (Kluwer, 2000). He has written on ethical questions surrounding the study of animal behavior and neuroanatomy, the genetic modification of farm animals, the permissibility of hunting, and animal metacognition. Recent papers take up legal questions concerning the intrinsic value of companion animals and the merits of the philosophical argument for animal personhood from overlapping species. Comstock was ASC Fellow of the National Humanities Center and edited Life Science Ethics (2002, 2010), Is There a Moral Obligation to Save the Family Farm? (1987), and Religious Autobiographies (1994, 2003). He serves on the board of the Culture and Animals Foundation. (CV attached as Exhibit 3). 5. G. K. D. Crozier is a professor in the Department of Philosophy at Laurentian University, and a Canada Research Chair of Environment, Culture and Values. She received her B.A. (Hons.) from McMaster University, her M.A. from the University of Guelph, and her Ph.D. from the University of Western Ontario. Prior to joining Laurentian University in 2011, she undertook a Postdoctoral 3 Fellowship in bioethics in the Novel Tech Ethics research group at Dalhousie University and held a tenure-track position in philosophy at Loyola University in Chicago. Specializing in the philosophy of the life sciences, including bioethics and the philosophy of biology, Dr. Crozier’s manuscripts have been published in top peer-reviewed journals including the British Journal for the Philosophy of Science, the Kennedy Institute of Ethics Journal, and the Hastings Centre Report. She has also contributed chapters to edited volumes published by prestigious presses, including Cambridge University Press, Springer, and Routledge. Her manuscripts appear in science journals such as Evolutionary Applications and the American Association for the Advancement of Artificial Intelligence, and she been awarded 2.98 million dollars in awards and grants as Principle Investigator or Co-Investigator. Dr. Crozier is a co-founding member of the Centre for Evolutionary Ecology and Ethical Conservation – a multi-disciplinary research center dedicated to theoretical and applied challenges of biodiversity conservation and human-animal relations. Her work involves collaborations with Canada’s Accredited Zoos and Aquariums, the Association of Zoos and Aquariums, the Canadian Council on Animal Care, and the Canadian Society for Ecology and Evolution. (CV attached as Exhibit 4). 6. Andrew Fenton is an associate professor in the Department of Philosophy at Dalhousie University. Dr. Fenton received his B.A. (Hons.) in Philosophy and 4 Comparative Religion from Acadia University, his M.A. in Philosophy from Dalhousie University, and his Ph.D. in Philosophy from the University of Calgary. He has been a Postdoctoral Fellow in the Novel Tech Ethics research group at Dalhousie University and is now a team member. Dr. Fenton also coordinates the interdisciplinary and transinstitutional Halifax Animal Studies Group in Halifax, Nova Scotia and has been serving on a Canadian Council of Animal Care subcommittee. He primarily teaches in applied ethics but also has taught courses in animal philosophy or animal ethics. He has authored or co- authored papers related to animal philosophy or animal ethics which appear in such journals as Biology and Philosophy, Cambridge Quarterly of Healthcare Ethics, ILAR Journal, Journal of Animal Ethics, and The Monist and has chapters on these topics in The Routledge Handbook of Neuroethics (co-edited by L. Syd M Johnson and Karen Rommelfanger, Routledge, 2018), The Routledge Handbook of Philosophy of Animal Minds (coedited by Kristin Andrews and Jacob Beck, Routledge, 2018) and the Philosophy of Behavioral Biology (co- edited by Kathryn Plaisance and Thomas Reydon, Springer, 2012).