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END CHICKENS v. NYC POLICE

156730/15. 3256.

152 A.D.3d 113 (2017)

2017 NY Slip Op 04408

55 N.Y.S.3d 31

THE ALLIANCE TO END CHICKENS AS KAPOROS et al., Appellants, v. NEW YORK CITY POLICE DEPARTMENT et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 6, 2017.

Attorney(s) appearing for the Case

Law Office of Nora Constance Marino, Great Neck ( Nora Constance Marino of counsel), for appellants.

Zachary W. Carter , Corporation Counsel, New York City ( Damion K.L. Stodola and Jane L. Gordon of counsel), for respondents.

MOSKOWITZ and FEINMAN, JJ., concur with GISCHE, J.; ANDRIAS, J.P. and GESMER, J., dissent in an opinion by GESMER, J.

OPINION OF THE COURT

The central issue raised by this appeal is whether plaintiffs have a right, via a writ of mandamus, to compel the municipal defendants to enforce certain laws related to preserving public health and preventing animal cruelty, which they allege are violated by Orthodox Jews who perform the religious practice...

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