Off-Leash Hours under Attack: Part III-Court Date Tomorrow
By Lizz - Aug 28, 06 Legal Beagle, Parks
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The next trial date for the Juniper Civic Association vs. NYC Parks Department is set for tomorrow. (Tuesday, August 28th)
Members of NYCDog will be in attendance, along with their team of lawyers, and some Queens dogs who want to keep off-leash hours in effect, as they seem to enjoy running and playing.
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Our understanding is that there is a lack of support for off-leash hours and a fenced-in dog run in Juniper Park. With the attention this park is receiving, hopefully the dogs and their companions will benefit from this legal battle with the establishment of the biggest and best dog run in the city or a great public awareness campaign that off-leash hours are both here to stay and a benefit to the community. See NYCDog’s press release below:
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NYCDOG to Defend Off-Leash Rights
In NYS Supreme Court,
Tuesday, August 29, 2006PRESS CONFERENCE SCHEDULED 11:30 AM AT COURTHOUSE
Additional information: Bob Marino, President, NYCDOG
212.873.0006 / Email Bob MarinoThe New York Council of Dog Owner Groups (NYCdog.org) will be in court at 9:30 am on Tuesday, August 29th to represent the interests of the owners of the 1.4 million dogs in NYC. At 11:30 am, a press conference will be held outside the courthouse All media outlets are invited. Information about the press conference is at the end of this press release.
* * *In March 2006, the Juniper Park Civic Association of Middle Village, Queens filed a lawsuit against the City of New York and Parks Department to force the abolition of the 9pm-9am off-leash privileges that have existed for nearly twenty years in most city parks. The rule was devised by former Parks Commissioner Henry Stern, and has been continued by the current Commissioner, Adrian Benepe. The Queens lawsuit seeks to abolish the off-leash privileges in all city parks.
The New York Council of Dog Owner Groups, an umbrella organization of nearly three dozen neighborhood based dog owner groups throughout the city representing nearly 20,000 dog owners, has filed papers to Cross-Motion to Intervene in the lawsuit. NYCdog’s motion papers seek to make the organization a party to the suit in defense of the off-leash privileges.
The case was first heard on June 27 by Hon. Judge Peter Kelly. In conference, the judge postponed the hearing until August 29th and asked both sides to attempt a compromise resolution.
Despite its reduced budget, the NYC Parks Department offered to resolve any perceived problems with off-leash dogs in Juniper Valley Park, Middle Village, Queens by constructing a dog park within its 55 acres. The civic association refused to even consider a dog park as resolution of the issue and has waged a campaign of dis- and mis-information about dog ownership in New York City.
The New York Council of Dog Owner Groups (NYCdog.org) has attempted to resolve the suit by offering to escort leaders of the civic association to view some of the successful dog parks that have been constructed in smaller parks throughout the city and to Prospect and Central Parks where no dog parks exist or are planned but where off-leash privileges have helped create a community of dog owners while reducing crime within parks. The civic association did not accept the offer.
IN addition to its motion papers, NYCdog submitted affidavits of support from
Former Queens Borough President Claire Shulman
Meena Alagappan, Esq., Chair of the Association of the Bar of the City of New York Standing Committee on Legal Issues Pertaining to Animals (ABCNY LIPA)
Jane Hoffman, President of the Mayor’s Alliance for New York City ’s Animals
Daisy L. Okas, Assistant Vice President of Communications for the American Kennel Club (AKC)The NYCdog papers challenge both the standing and reading of the law as stated by papers submitted by the civic association.
The case is on the Motions Calendar of Judge Peter Kelly. The calendar starts at 9:30 am . There is no time certain for hearing the case. For that matter, the Judge may postpone it again. If heard, a ruling is expected in 4-12 weeks.
THOUSANDS OF SIGNATURES AND POSTCARDS TO BE SUBMITTED TO MAYOR, COUNCIL, AND PARKS
WHETHER OR NOT HEARD: NYCDOG WILL HOLD A PRESS CONFERENCE OUTSIDE OF THE COURTHOUSE AT 11:30 AM, AUGUST 29th.
NYCdog and its member groups from throughout the City have collected thousands of signatures and postcards in support of off-leash privileges. The petitions will be submitted to the Mayor, City Council, and Parks Department.
This will be announced at the press conference as will additional efforts to solidify support for the 1.4 million dog owners in the City.
MAJOR, INTERNATIONAL LAW FIRMS STEP-UP TO
DEFEND NYC DOG OWNERS AND DOGS “PRO-BONE-O”The New York Council of Dog Owner Groups (NYCdog.org) is represented by Andrew Otis, Esq and Dora Straus, Esq. /Curtis, Mallet-Prevost, Colt & Mosle LLP and Matthew Greller / Blank Rome, pro bono, for the off-leash case. Four other attorneys also contributed their expertise in drafting the documents submitted to the court.
The international law firms of Curtis, Mallet-Prevost, Colt & Mosle LLP and Blank, Rome , Comisky & McCauley LLP stepped forward to defend the rights of New York City dog owners and their companion animals.
NYCdog has filed papers seeking to become an Intervenor in the suit which would make us a party to the suit and any appeals, settlements, and negotiations. The case will be heard by Judge Peter Kelley in NYS Supreme Court in Queens on August 22 at 9:30 am . The courtroom is at 88 -11 Sutphin Blvd, Jamaica , Queens .
Following the hearing NYCdog will hold a press conference outside of the court house. We hope that you will be able to attend. Representatives of some of our nearly three dozen community based dog owner groups will participate
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