.
Shelter Reform Action Committee (SRAC)
ShelterReform.org: Everything you ever wanted to know about the AC&C, but were afraid to ask.
                                     .
Shelter Reform Action Committee (SRAC)
ShelterReform.org: Everything you ever wanted to know about the AC&C, but were afraid to ask.
                                     .
Shelter Reform Action Committee (SRAC)
ShelterReform.org: Everything you ever wanted to know about the AC&C, but were afraid to ask.

PLEADINGS FROM THE LAWSUIT In re Stray From the Heart, Inc., Petitioner v.
Department of Health and Mental Hygiene of the City of New York, et al.,
Respondents

Trial Level papers

Petitioner Stray From the Heart’s Amended Petition  

Respondents DOH and NY City’s Answer to Amended Petition  

AC&C Charlene Pedrolie’s Admendment In Support of DOH’s Verified Answer  

DOH’s Exhibits to its Verified Answer  

SFTH’s Memorandum of Law [missing]

DOH’s Memorandum of Law  

Trial Judge Marilyn Shafer’s Sept. 2009 Decision:  




Appeal papers

DOH’s “Brief” in support of its appeal  SFTH, DOH appeal brief

SFTH’s Brief Opposing the DOH’s appeal

Appellate Court’s April 19, 2011 reversing the trial decision  


                                                  SRAC Home Page
April 21, 2011

Yesterday, we alerted you to a mid-level appeals court decision overturning a trial judge's ruling
that the City and its Department of Health (DOH) had violated the "Shelters Law" by failing to
create full service animal shelters in the Bronx and Queens. Here is a statement by the rescue
group, Stray From the Heart, the party that brought the suit:


We are extremely disappointed but will not give up, and will be filing leave to appeal with the Court of
Appeals, New York State's highest court.  The decision has devastating implications for the City's animal
welfare community, and beyond.  The appellate court erred in finding that we do not have standing.  If an
organization like Stray from the Heart does not have standing, who does?  Under the court's ruling, there
is not a single person or entity that can sue under the City's Animal Shelter and Sterilization Act under
the premise that the Act is not intended to protect them.  If granted leave to appeal,  we feel confident
that the Court of Appeals will agree with us.

The Department of Health cannot, on a technical issue of law such as standing, continue to  arbitrarily
and capriciously ignore the law requiring them to have full time shelters in each borough.   Someone has
to be able to step in and address this, and we believe we fall within the zone of interest protected by the
statute.