Present:
|
Justice
|
At the ___ Part
of the Supreme
Court of the State of New York, held
in and for the County of New York at
60 Center Street, New York, NY
On the ____ Day of_____ 1999 |
____________________________________________X
|
|
THE HUMANE SOCIETY OF NEW YORK, |
|
GUY F. GLASS, LEWIS REECE BARATZ and |
Index No.
|
GARY KASKEL, |
|
|
Plaintiffs, |
ORDER TO SHOW CAUSE |
|
|
-against-
|
|
|
THE CITY OF NEW YORK, THE DEPARTMENT |
|
OF HEALTH OF THE CITY OF NEW YORK, RUDOLPH |
|
GIULIANI, and NEAL L. COHEN, |
|
|
Defendants. |
|
____________________________________________X
|
|
Upon reading the plaintiffs complaint, and the
affidavit of Gary Kaskel, sworn to the 14th day of October 1999,
the affidavit of Dr. James K. Morrisey sworn to the 13th day of
October 1999, the affidavit of Dr. Katherine Quesenberry sworn
to the 14th day of October 1999, the affidavit of Dr. Charles
William Schaubhut sworn to the 12th day of October 1999 and the
plaintiffs memorandum of law and the papers thereto attached,
and on motion of Irving Heisler, attorney for the plaintiffs,
it is
ORDERED, that the defendants or their attorneys
show cause at Individual Assignment Part ___ of this court to
be held in and for the County of New York, at the Court House
at 60 Centre Street in the Borough of Manhattan, City of New York,
on ______ 1999, at _____ o'clock in the forenoon of that day,
or as soon thereafter as counsel can be heard, why an order should
not be granted staying enforcement of the amendment to Section
161.01 of the Health Code of the City of New York, which made
it illegal to possess or to give to another domestic animals known
as ferrets pending the determination of the above entitled action
by the plaintiffs for a declaratory judgment and permanent injunction
and for such other and further relief as may be just, proper and
equitable, and it is further
ORDERED, that in the meantime and until the hearing
and determination of this order to show cause, all proceedings
on the part of the defendants to enforce Section 161.01 of the
Health Code of the City of New York, with regard to the ferrets
is stayed.
Sufficient reason appearing therefore, let service
of a copy of this order and the papers on which it is granted
upon the defendants on or before ____ be deemed good and sufficient
service.
Pursuant to CPLF2214(b) answering affidavits,
if any, are required to be served upon counsel for the plaintiffs
at least seven (7) days before the return date of the motion.
Enter
_________________________
J.S.C.
|
|