Kelley Drye & Warren, LLP, New York ( Bezalel A. Stern of counsel), for Protect the Harvest and Alliance of Marine Mammal Parks & Aquariums, amici curiae.
Amy Trakinski , New York, for 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., Jeff Sebo, Ph.D., amici curiae.
Chaffetz Lindsey LLP, New York ( David M. Lindsey of counsel), for Justin Marceau, Samuel Wiseman, amici curiae.
Richman Law Group, New York ( Jay Shooster of counsel), for Professor Laurence H. Tribe, amicus curiae.
Appellate Division of the Supreme Court of New York, First Department.
The common-law writ of habeas corpus does not lie on behalf of Happy, the elephant at issue in this proceeding (see Matter of Nonhuman Rights Project, Inc. v Lavery,152 A.D.3d 73 [1st Dept 2017], lv denied31 N.Y.3d 1054 [2018]). We decline to overrule any of our alternative holdings in Lavery, which petitioner erroneously refers to as "dicta." Under Lavery, the writ of habeas...
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