Central Westchester Humane Society, Inc. v. Hilleboe

This action is one for a declaratory judgment declaring that section 5-a of the Public Health Law, enacted by chapter 96 of the Laws of 1952 and commonly known as the “ Metealf-Hateh Act ”, is unconstitutional, and for an injunction restraining defendant Commissioner of Health from acting under the provisions of the statute. Said statute authorizes the Commissioner of Health to requisition in lieu of destruction or intended destruction, animals for scientific tests and experimental use. The animals which may be requisitioned are “ unlicensed, unwanted or unclaimed animals which may be seized…