Matter of Nonhuman Rights Project, Inc. v Lavery, 2017 NY Slip Op 04574 (1st Dept. 2017)
(1) “The gravamen of petitioner’s argument that chimpanzees are entitled to habeas relief is that the human-like characteristics of chimpanzees render them “persons” for purposes of CPLR article 70. This position is without legal support or legal precedent.”
(2) “The asserted cognitive and linguistic capabilities of chimpanzees do not translate to a chimpanzee’s capacity or ability, like humans, to bear legal duties, or to be held legally accountable for their actions. Petitioner does not suggest that any chimpanzee charged with a crime in New York could be deemed fit to proceed, i.e., to have the “capacity to understand the proceedings against him or to assist in his own defense”
(3) “While petitioner’s avowed mission is certainly laudable, the according of any fundamental legal rights to animals, including entitlement to habeas relief, is an issue better suited to the legislative process”
