In “Tommy” Case, NhRP Seeks Appeal to New York’s Highest Court
Dec. 18, 2014—The Nonhuman Rights Project (NhRP) has filed a motion for permission to appeal to New York’s highest court: the Court of Appeals.
The grounds for the motion are that the Third Judicial Department made several significant errors of law in their December 5th decision in which they ruled that Tommy the chimpanzee “is not a ‘person’ entitled to the rights and protections afforded by the writ of habeas corpus.”
Tommy’s “owners” will have until January 2nd to reply to our motion for permission to appeal. If the appellate court denies our appeal, we will file a motion in the Court of Appeals itself asking this court permission to appeal to it.
"We have always expected that this case would have to be decided at the highest level," said Natalie Prosin, Executive Director of the NhRP. "The issues in this ground-breaking case are novel ones that should be decided at the highest judicial level possible. We hope we are granted permission to appeal to the Court of Appeals so that we can give Tommy his day in court."
The motion for leave to appeal and the corresponding memorandum of law that details our legal claims are available here.