Appellate Court Grants New Hearing in Tommy Chimpanzee Rights Case
The New York Supreme Court, Appellate Division, First Judicial Department has scheduled for oral argument the Nonhuman Rights Project’s appeal on behalf of captive chimpanzee Tommy.
At the hearing—scheduled for the January 2017 Term (exact date TBD)—a panel of five appellate judges will consider questions the NhRP presented in its Oct. 28, 2016 appeal from a lower court’s Dec. 23, 2015 denial of its petition for a writ of habeas corpus and order to show cause on Tommy’s behalf. Among these questions:
- Does the capacity to bear duties and responsibilities have any relationship to being deemed a “person” for the purpose of demanding a writ of habeas corpus under the common law of New York and CPLR Article 70, as articulated for the first time in Anglo-American law by the Third Judicial Department in Tommy’s first case in 2014?
- Did the lower court err in failing to consider the petitioner’s affidavits demonstrating that chimpanzees have the capacity to bear duties and responsibilities after the Third Department in Tommy’s first case in 2014 took judicial notice that chimpanzees do not?
- Is a chimpanzee a “person” for the purpose of common law habeas corpus as a matter of common law equality?
Case No.; Name: 162358/15 (New York County) “THE NONHUMAN RIGHTS PROJECT, INC., on behalf of TOMMY, Petitioners-Appellants, v. PATRICK C. LAVERY, individually and as an officer of Circle L Trailer Sales, Inc., DIANE LAVERY, and CIRCLE L TRAILER SALES, INC., Respondents-Respondents.”