Stray from the Heart, Inc. v. Department of Health & Mental Hygiene

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered September 16, 2009, which granted the petition to compel respondents to comply with their obligation under the City Animal Shelters and Sterilization Act (Administrative Code of City of NY § 17-801 et seq.) to provide full-service animal shelters in all five boroughs, unanimously reversed, on the law, without costs, the petition denied and the proceeding brought pursuant to CPLR article 78 dismissed for lack of standing.

Petitioner asserts that respondents’ failure to provide full-service shelters as required by Administrative…