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MATTER OF FLIKSHTEIN v. CAHILL

273 A.D.2d 470 (2000)

710 N.Y.S.2d 604

In the Matter of ROMAN FLIKSHTEIN, Appellant, v. JOHN CAHILL, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 26, 2000.

Ordered that the judgment is affirmed, with costs.

The petitioner's possession of a cercopithecus diana, commonly referred to as a Diana monkey, without a permit, is expressly prohibited by ECL 11-0511 on the ground that such a monkey is a member of an endangered species (see also, ECL 11-0535 [1]; 50 CFR 17.11 [h]). Pursuant to ECL 11-0511, the New York State Department of Environmental Conservation is permitted to seize endangered or threatened animals possessed...

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