Chernik v. Department of Health

This is an article 78 proceeding to direct respondents The Department of Health of the City of New York and the American Society for the Prevention of Cruelty to Animals (ASPCA) “ to return to the petitioner certain animals * * * which appear to have been seized by the respondents and to be in custody of the respondents and, further, directing the respondents to cease and desist from interfering with the petitioner’s custody of the said animals ”.

Petitioner is the owner of the Chernik Animal Haven, an animal shelter which has been in operation for a few years, admittedly under a pet store…