Preview
FILED: NASSAU COUNTY CLERK 04/26/2022 01:26 PM INDEX NO. 615766/2021
NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/26/2022
EXHIBIT
2
FILED: NASSAU COUNTY CLERK 04/26/2022 01:26 PM INDEX NO. 615766/2021
NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/26/2022
Hamburger,Maxson,Yaffe & Martingale,LLP
Attorneys at Law
225 Broadhollow Road,Suite 301E
Melville,New York 11747
DAVIDN.YAFFE 631.694.2400
dyaffe@hmylaw.com
FAX: 631.694.1376
HMYLAW.COM
April 12, 2022
VIA E-MAIL
Hon. Helen Voutsinas
Supreme Court, Nassau County
ICQ Supreme Court Drive
Mineola, NY 11501
Re: People of the State of New York v. 5 Corners Pet, Inc., et al.
Index No.: 615766/2021
Our File No.: 2301.14-EF
Dear Justice Voutsinas,
As Your Honor is aware, this firm represents respondents in the above-
referenced special proceeding. By Short Form Order dated April 7, 2022, the Court
directed, "All animals shall be examined by an independent veterinarian, approved by
Petitioners, and found to be fit for sale. NYAG shall provide a list of three (3) approved
veterinarians within five (5) days of entry the date of this Order." Order, p. 16. This
afternoon we received the April 12, 2022 letter to Your Honor from petitioner's attorney.
Assistant Attorney General Christina H. Bedell, submitting the names of the two (not
three)following veterinarians:(1)Dr. Lauryn Benson, DVM;and (2)Dr. Barbara Rudner.
For the reasons set forth below, we respectfully submit that NYAG's
submission of the names of Dr. Benson and Dr. Rudner does not comply with Your
Honor's Order, and is an apparent attempt to thwart the Order and to interfere with
respondents' ability to operate their business in accordance with the requirements of the
Order.
Both Dr. Benson and Dr. Rudner were members of the team of
veterinarians assembled by and/or on behalf of NYAG in this litigation. In that role, they
worked with NYAG to (a) find puppies unfit for sale that were not unfit within the
statutory meaning of that term;(b)apply standards of puppy health and fitness that went
well beyond the standard for new puppy examinations;(c) perform unnecessary tests on
FILED: NASSAU COUNTY CLERK 04/26/2022 01:26 PM INDEX NO. 615766/2021
NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/26/2022
Hamburger,Maxson,Yaffe & Martingale,LLP
Attorneys AT Law
Hon. Helen Voutsinas
April 12, 2022
Page 2
the puppies they examined;(d) delay the release of lab test results to Shake A Paw;(e)
misrepresent to Shake A Paw employees which puppies they had found fit for sale and
which they had not; (f) make notes and records of their puppy examinations that they
refused to share with Shake A Paw; and (g)render inaccurate and factually wrong reports
to the NYAG as to the events that occurred during the puppy examinations.
Moreover, both made alleged "findings" regarding puppies at the stores
that were ultimately contradicted by the examinations conducted by the independent
veterinarian agreed upon by the parties and approved by this Court. Additionally, Dr.
Benson filed a sworn March 7, 2022 affidavit in this litigation on behalf of NYAG and
against respondents {see, NYSCEF Doc. No. 225), in which she attested, "it is my opinion
with a reasonable degree of veterinary certainty that contrary to claims otherwise
regarding the health and fitness ofthese puppies, approximately 58% of the puppies that
I personally examined either were clinically ill [] and/or suffering from congenital
malformations. See, NYSCEF Doc. No. 225, Benson Aff., 1149.
In no fair manner can these two individuals be deemed "independent," nor
can the submission of their names be deemed otherwise compliant with the requirements
of the Order. Indeed, it is not credible that these two veterinarians could put aside the
role they played in supporting the NYAG's case against Shake A Paw in purporting to
now render truly "independent" determinations as to the health and fitness for sale of
additional Shake A Paw puppies. They have a personal interest injustifying the opinions,
conclusions and determinations that they previously made in support of the NYAG's
case. Put simply, they must find a majority of puppies unfit for sale now, in order to
justify that they found a majority of puppies unfit for sale previously.
Respectfully, we remind the Court that the truly independent veterinarian
agreed to by the parties and approved by the Court found 214 out of 220 puppies he
examined to be healthy and fit for sale (97.2%). Dr. Benson and Dr. Rudner - again, part
of the special operations NYAG team - made findings that are totally contrary to that of
the independent veterinarian - specifically, that more than half of all puppies they
examined were unfit for sale. If these two veterinarians now find, say,95% ofthe puppies
they examined to be fit for sale (consistent with the independent Court approved
veterinarian) they would be impeaching themselves! Veterinarians subject to this clear
conflict of interest cannot be independent.
FILED: NASSAU COUNTY CLERK 04/26/2022 01:26 PM INDEX NO. 615766/2021
NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/26/2022
Hamburger,Maxson,Yaffe & Martingale,LLP
Attorneys AT Law
Hon. Helen Voutsinas
April 12, 2022
Page 3
Accordingly, by copy of this letter to AAG Christina H. Bedell, we demand
that NYAG immediately, and no later than the close of business tomorrow (Wednesday,
April 13, 2022), provide the names of three truly independent veterinarians, not
previously associated with NYAG in this litigation, and not previously associated or
affiliated with the other members of the team of veterinarians assembled and employed
by and/or on behalf of NYAG for use in this litigation.
Resn«ctfully,
/Ic
c: Valerie Singleton, Assistant Attorney General In Charge
Christina H. Bedell, Assistant Attorney General
Preview
FILED: NASSAU COUNTY CLERK 04/26/2022 01:26 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/26/2022 EXHIBIT 2 FILED: NASSAU COUNTY CLERK 04/26/2022 01:26 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/26/2022 Hamburger,Maxson,Yaffe & Martingale,LLP Attorneys at Law 225 Broadhollow Road,Suite 301E Melville,New York 11747 DAVIDN.YAFFE 631.694.2400 dyaffe@hmylaw.com FAX: 631.694.1376 HMYLAW.COM April 12, 2022 VIA E-MAIL Hon. Helen Voutsinas Supreme Court, Nassau County ICQ Supreme Court Drive Mineola, NY 11501 Re: People of the State of New York v. 5 Corners Pet, Inc., et al. Index No.: 615766/2021 Our File No.: 2301.14-EF Dear Justice Voutsinas, As Your Honor is aware, this firm represents respondents in the above- referenced special proceeding. By Short Form Order dated April 7, 2022, the Court directed, "All animals shall be examined by an independent veterinarian, approved by Petitioners, and found to be fit for sale. NYAG shall provide a list of three (3) approved veterinarians within five (5) days of entry the date of this Order." Order, p. 16. This afternoon we received the April 12, 2022 letter to Your Honor from petitioner's attorney. Assistant Attorney General Christina H. Bedell, submitting the names of the two (not three)following veterinarians:(1)Dr. Lauryn Benson, DVM;and (2)Dr. Barbara Rudner. For the reasons set forth below, we respectfully submit that NYAG's submission of the names of Dr. Benson and Dr. Rudner does not comply with Your Honor's Order, and is an apparent attempt to thwart the Order and to interfere with respondents' ability to operate their business in accordance with the requirements of the Order. Both Dr. Benson and Dr. Rudner were members of the team of veterinarians assembled by and/or on behalf of NYAG in this litigation. In that role, they worked with NYAG to (a) find puppies unfit for sale that were not unfit within the statutory meaning of that term;(b)apply standards of puppy health and fitness that went well beyond the standard for new puppy examinations;(c) perform unnecessary tests on FILED: NASSAU COUNTY CLERK 04/26/2022 01:26 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/26/2022 Hamburger,Maxson,Yaffe & Martingale,LLP Attorneys AT Law Hon. Helen Voutsinas April 12, 2022 Page 2 the puppies they examined;(d) delay the release of lab test results to Shake A Paw;(e) misrepresent to Shake A Paw employees which puppies they had found fit for sale and which they had not; (f) make notes and records of their puppy examinations that they refused to share with Shake A Paw; and (g)render inaccurate and factually wrong reports to the NYAG as to the events that occurred during the puppy examinations. Moreover, both made alleged "findings" regarding puppies at the stores that were ultimately contradicted by the examinations conducted by the independent veterinarian agreed upon by the parties and approved by this Court. Additionally, Dr. Benson filed a sworn March 7, 2022 affidavit in this litigation on behalf of NYAG and against respondents {see, NYSCEF Doc. No. 225), in which she attested, "it is my opinion with a reasonable degree of veterinary certainty that contrary to claims otherwise regarding the health and fitness ofthese puppies, approximately 58% of the puppies that I personally examined either were clinically ill [] and/or suffering from congenital malformations. See, NYSCEF Doc. No. 225, Benson Aff., 1149. In no fair manner can these two individuals be deemed "independent," nor can the submission of their names be deemed otherwise compliant with the requirements of the Order. Indeed, it is not credible that these two veterinarians could put aside the role they played in supporting the NYAG's case against Shake A Paw in purporting to now render truly "independent" determinations as to the health and fitness for sale of additional Shake A Paw puppies. They have a personal interest injustifying the opinions, conclusions and determinations that they previously made in support of the NYAG's case. Put simply, they must find a majority of puppies unfit for sale now, in order to justify that they found a majority of puppies unfit for sale previously. Respectfully, we remind the Court that the truly independent veterinarian agreed to by the parties and approved by the Court found 214 out of 220 puppies he examined to be healthy and fit for sale (97.2%). Dr. Benson and Dr. Rudner - again, part of the special operations NYAG team - made findings that are totally contrary to that of the independent veterinarian - specifically, that more than half of all puppies they examined were unfit for sale. If these two veterinarians now find, say,95% ofthe puppies they examined to be fit for sale (consistent with the independent Court approved veterinarian) they would be impeaching themselves! Veterinarians subject to this clear conflict of interest cannot be independent. FILED: NASSAU COUNTY CLERK 04/26/2022 01:26 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/26/2022 Hamburger,Maxson,Yaffe & Martingale,LLP Attorneys AT Law Hon. Helen Voutsinas April 12, 2022 Page 3 Accordingly, by copy of this letter to AAG Christina H. Bedell, we demand that NYAG immediately, and no later than the close of business tomorrow (Wednesday, April 13, 2022), provide the names of three truly independent veterinarians, not previously associated with NYAG in this litigation, and not previously associated or affiliated with the other members of the team of veterinarians assembled and employed by and/or on behalf of NYAG for use in this litigation. Resn«ctfully, /Ic c: Valerie Singleton, Assistant Attorney General In Charge Christina H. Bedell, Assistant Attorney General