Nonhuman Rights Project, Inc. ex rel. Kiko v. Presti

Appeal from a judgment (denominated order) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered December 11, 2013 in a proceeding pursuant to CPLR article 70. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner, an organization seeking better treatment and housing of, inter alia, nonhuman primates, com*1335menced this proceeding seeking a writ of habeas corpus on behalf of Kiko, a chimpanzee. Rather than seeking Kiko’s immediate release, however, the petition alleges that Kiko…