Preview
FILED: NASSAU COUNTY CLERK 03/08/2023 05:04 PM INDEX NO. 615766/2021
NYSCEF DOC. NO. 514 RECEIVED NYSCEF: 03/08/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
PEOPLE OF THE STATE OF NEW YORK, by
LETITIA JAMES, Attorney General of the State of
New York, PETITIONER'S
EXPERT AFFIDAVIT
Petitioner,
Index No. 615766/2021
-against- J.S.C.
RICIGLIANO,
5 CORNERS PET, INC.; RISK ENTERPRISES, Return Date:
INC. d/b/a SHAKE-A-PAW, and GERARD March 9, 2023
O'SULLIVAN and MARC JACOBS, both
individually and as owners of Shake-A-Paw,
Respondents.
STATE OF NEW YORK )
)
COUNTY OF PUTNAM )
Julie Fixman, Doctor of Veterinary Medicine, being duly sworn, deposes and
says:
1. I am a Doctor of Veterinary Medicine (D.V.M.), licensed to practice
veterinary medicine in the State of New York since 1998. I received a Bachelor of
Science, cum laude and with Distinction, in Biological Sciences at Cornell University,
where I concentrated in Animal Anatomy and Physiology. After graduating from
Cornell University, I attended the Cornell University College of Veterinary Medicine
where I co-authored a research paper published in the Federation of American
Societies of Experimental Biology Journal and conducted research on the trigeminal
motor nucleus of the chick embryo. While at Cornell, I earned the Hugh Dukes Prize
in Experimental Physiology, 1998 and the Grant Sherman Hopkins Prize in
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Anatomy, 1998. I have been a Diplomate of the American Board of Veterinary
Practitioners in Canine and Feline Practice since 2007.
2. I have served in leadership positions in the National Board of Veterinary
Medical Examiners, Hudson Valley Veterinary Medical Society, and the American
Board of Veterinary Practitioners, and I served as president of the Hudson Valley
Veterinary Medical Society. I am a compassionate and committed veterinarian, and
co-owner and Medical Director of South Putnam Animal Hospital. My areas of
professional interest include complex internal medicine conditions, soft-tissue
surgery, and ultrasound. I belong to several professional organizations and have
served in a variety of community-service projects 4-
including externship programs,
H, the Anne Arundel SPCA Walkathon, and Career Day Presenter multiple years at
Mahopac Middle and High Schools.
3. I am familiar with the care and treatment of small animals such as those
whose purchase and subsequent retail sale by Shake-A-Paw are at issue in this case.
I am also familiar with the veterinary conditions, treatment, progression, and
prognoses of illnesses commonly seen in puppies, as well as the proper standards of
care in existence during the time-period at issue in this case. All opinions set forth
below are offered with a reasonable degree of veterinary certainty, and are based on
my extensive education and experience as well as a review of:
A. Certified Copies of Veterinary Records of Harris, Hov
B. Certified Copies of Veterinary Records of Bohlman, Sully
C. Certified Copies of Veterinary Records of Castiglione, Rosie
D. Certified Copies of Veterinary Records of Hernandez, Peter
E. Certified Copies of Veterinary Records of Gennawey, Lexi
F. Certified Copies of Veterinary Records of Schechter, Storm
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G. Certified Copies of Veterinary Records of Stumacher, Ripley
H. Certified Copies of Veterinary Records of Marrazzo, Luna
I. Certified Copies of Veterinary Records of Caseres, Tony
J. Certified Copies of Veterinary Records of Edwards, Jayda
K. Certified Copies of Veterinary Records of Grass, Max
L. Certified Copies of Veterinary Records of Garcia, Snow
M. Certified Copies of Veterinary Records of Carrillo, Luna
N. Certified Copies of Veterinary Records of Lee-Velez, Pepper
0. Certified Copies of Veterinary Records of Gaj, Tiana
P. Certified Copies of Veterinary Records of McGuirk, Dolly
Q. Certified Copies of Veterinary Records of Valdes, Pierre
R. Certified Copies of Veterinary Records of Barksdale, Aries
S. Certified Copies of Veterinary Records of Hallett, Harley Quinn
T. Certified Copies of Veterinary Records of Doran, Kira
U. Certified Copies of Veterinary Records of Conrad, Franny
V. Certified Copies of Veterinary Records of Contreras, Layla,
W. Certified Copies of Veterinary Records of Nigro, Tyson
J X. Certified Copies of Veterinary Records of Treidel, Pepper
Y. Certified Copies of Veterinary Records of Contreras, Evie
Z. Certified Copies of Veterinary Records of Borowka, Millie
AA. Certified Copies of Veterinary Records of Zaldana, Spencer
BB. Certified Copies of VeterinaryRecords of Lum, Daisy
CC. Certified Copies of Veterinary Records of Sokol, Muffin
DD. Certified Copies of Veterinary Records of Paz, Biggie
EE. Certified Copies of Veterinary Records of Lopez-Ona, Coconut
FF. Certified Copies of Veterinary Records of Gelves, Gigi
GG. Certified Copies of Veterinary Records of Keller, Joey
HH. Certified Copies of Veterinary Records of Hinds, Junior
II. Affidavit of Dr. Lauryn Benson, sworn to on March 7, 2022, with
Accompanying Exhibits (See NYSCEF Doc. No. 225);
JJ. Affidavit of Dr. Ellen Gunzel, sworn to on March 7, 2022 with
Accompanying Exhibits (See NYSCEF Doc. No. 226);
KK. Affidavit of Dr. Kayla Akkaya, sworn to on March 3, 2022 with
Accompanying Exhibits (See NYSCEF Doc. No. 227);
LL. Affidavit of Dr. Ashley Newman, sworn to on February 25, 2022, with
Accompanying Exhibits (See NYSCEF Doc. No. 228); and
MM. Affidavit of Dr. Diane Levitan, sworn to on March 9, 2022, with
Accompanying Exhibits (See NYSCEF Doc. No. 245).
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4. I submit this Affidavit to show that last year, Shake-A-Paw continued
to sell puppies suffering from contagious respiratory and gastrointestinallparasitic
Respondents'
diseases to unsuspecting consumers, notwithstanding claims of a "pass
rate"
of 97.2% following the issuance of health certificates after puppies were
(Respondents'
examined by court-appointed veterinarians correspondence dated
February 3, 2028 [NYS CEF Doc. No. 493]). Based upon my review of numerous
veterinarian records showing treatment that was rendered to these same puppies by
Respondents'
own veterinarians within days after being purchased by consumers, it
is my opinion within a reasonable degree of veterinary certainty that there is a
Respondents'
continual spread of contagious disease throughout store locations.
HEALTH CERTIFICATES
Respondents' rate"
5. claims of a "pass of 97.2% following the issuance of
health certificates after the puppy examinations conducted by the court-appointed
Respondents'
veterinarians are illusory. The veterinary records of own veterinarians
clearly show that numerous puppies were clinically ill, exhibiting multiple signs of
infectious upper respiratory and gastrointestinal/parasitic illnesses within days or
same day of purchase, illnesses which the puppies had to have been suffering from
during their stay at the Shake-A-Paw stores. In fact, a health certificate issued by a
'snap-shot"
licensed veterinarian provides only a in time, intending to certify only
that an animal is free from any clinical evidence of the presence of obvious common
infectious disease at the time of examination. A health certificate does not certify
that the animal is in good health at a future time of sale. Nor does it rule out the
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possibility that a given puppy is incubating any contagious diseases, the symptoms
of which may not appear until after a health certificate has already been issued.
Moreover, it is important to note that some diseases have an incubation period during
which the animal may not show any signs of illness but can still be carrying the
disease and potentially infecting other animals or humans. In fact, a health certificate
is no longer considered valid if the puppy develops any health problems or conditions
after the certificate is issued.
6. Shake-A-Paw is wrongly relying on the issuance of the health
"healthy"
certificates to show that the puppies are at the time of sale to the public.
Shake-A-Paw's argument is very misleading because Shake-A-Paw fails to disclose
that their own veterinarians has diagnosed many of these same puppies with
infectious diseases within days or same day after purchase, clearly establishing that
the Shake-A-Paw puppies must have been sick or incubating disease in the days
to their sale, For these it is highly recommended that the Shake-
leading up reasons,
A-Paw puppies be quarantined and observed for a two-week period even after they
have been examined and issued a health certificate, especially if they have recently
been in contact with other animals, to prevent the spread of contagious diseases and
allow any potential illnesses to be detected and treated promptly.
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COMMON ILLNESSES SEENIN SHAKE-A-PAW PUPPIES
CANINE INFECTIOUS RESPIRATORY DISEASES
7. During my twenty-five-year career, I have treated hundreds of puppies
"
that were sourced from out-of-state breeders and brokers known as "puppy mills A
puppy mill is an establishment that breeds puppies for sale, typically on an intensive
basis and in conditions regarded as inhumane, where the breeding females and their
puppies often lack socialization, access to the outdoors, adequate sanitation, or
veterinary care. The offspring of these puppy mill dogs are transported by the dozens,
across the country, packed into vans. Many of these puppies arrive at their
destinations ill due to the stress of travel and elose confinement with sick dogs during
transport. Common illnesses found in dogs following transportation to brokers and
pet stores from puppy mills include illnesses such as giardia, parvovirus, kennel
cough, upper respiratory infections, and pneumonia. These same illnesses were seen
puppies'
in the Shake-A-Paw charts that I reviewed.
8. Canine Infectious Respiratory Disease Complex ("CIRDC"), commonly
known as Kennel Cough, is a highly contagious infection of the respiratory tract
characterized by a harsh, hacking cough. CIRDC-infected puppies may exhibit other
symptoms, such as nasal discharge, fever, decreased appetite, lethargy, and difficulty
breathing. CIRDC is very uncomfortable for dogs, and although it is rarely lethal, it
can be dangerous for puppies or dogs with compromised immune systems. CIRDC
can progress to life-threatening bronchopneumonia. Numerous organisms may be
involved in a case of CIRDC including, but not limited to, bacterial infection with
6
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FILED: NASSAU COUNTY CLERK 03/08/2023 05:04 PM INDEX NO. 615766/2021
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Bordetella bronchiseptica and Mycoplasma cyn.os as well as with many viral species
including canine influenza virus, canine herpesvirus, canine respiratory coronavirus,
parainfluenza virus, and canine distemper virus.
9. A dog infected with kennel cough sheds infectious bacteria and/or viruses
in respiratory secretions. These secretions become aerosolized and float in the air
where they can be inhaled by a healthy dog. Crowded housing and suboptimal
ventilation play important roles in the likelihood of transmission, but infectious
organisms may also be transmitted on toys, food bowls, or other objects. Outbreaks
are common in situations where large numbers of dogs are housed together. Although
the costs of uncomplicated cases of CIRDC tend to be low, complicated cases can
require more advanced care. Antibiotics may be administered, and dogs with
pneumonia could require hospitalization in an isolation ward. Fluids, oxygen, and
inhalation therapies may also be given for more severe cases. Complicated cases can
cost consumers thousands of dollars as hospitalization, supportive therapies and/or
medication, and additional diagnostic testing will add to the bill. CIRDC typically is
caused by one or more of the following nine pathogens, occurring singly or in
combination.
Organism Incubation Period (days)
Bordetella bronchiseptica 2-6
Mycoplasma cynos 3-10
Streptococcus equi (subspecies zooepidemicus) probably days
Canine adenovirus 3-6
Canine distemper virus 3-6
Canine herpesvirus-1 6-10
Canine influenza virus 2-5
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10. These are just approximate incubation periods and may vary depending
on the individual puppy and the severity of the disease. Since some respiratory
diseases can be transmitted from animals to humans, it is important to take proper
precautions and seek veterinary care if a puppy is showing signs of respiratory
illness.
GASTROINTESTINAL/PARASITIC DISEASES
11. Coccidia and Giardia are both intestinal protozoan parasites that are
commonly found in young puppies. Giardiasis, caused by the organism Giardia
duodenalis, can be contracted by drinking water that has been contaminated by feces
or by eating something that has been contaminated by feces. Once the parasite is in
a dog's intestines, the dog can spread the parasite. Giardia in dogs does not always
cause problems but when it does it is highly unpleasant. The parasite inhibits the
dog's ability to properly absorb nutrients, water, and electrolytes, which leads to
diarrhea and weight loss. The diarrhea can be intermittent or continual, especially
in puppies, and failure to diagnose and treat the disease can lead to severe weight
loss and malnutrition.
12. Coccidiosis, caused by Cystoisospora spp. (formerly Isospora), also infects
the gastrointestinal tract of dogs. These tiny-celled parasites live in the wall of the
intestine. Coccidia is most common in puppies. Signs of coccidiosis consist of
diarrhea that is watery, bloody or mucousy, weight loss, and dehydration. Young
puppies are more likely to become infected with coccidia, due to their underdeveloped
immune system, when they are exposed to contaminated dog feces. Stressful
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situations (such as traveling or moving to a new home environment),
immunosuppression, or additional chronic disease can make dogs more susceptible to
coccidia infection.
13. The incubation period for parasitic organisms in puppies can vary
widely depending on the type of parasite and the specific disease it causes.
Organism Incubation Period (days)
Giardia 5 to 12
Coccidia 4 to 12
14. The actual incubation period for a specific parasite may vary depending
on the individual puppy and the severity of the infestation. Because some parasitic
infections are contagious and can be transmitted to other animals and humans, it is
vital to implement the proper precautions and seek veterinary care once a puppy
shows signs of parasitic infestation.
A CONTINUAL SPREAD OF CONTAGIOUS AND INFECTIOUS
RESPIRATORY AND GASTROINTESTINAIlPARASITIC
DISEASES EXISTS IN THE SHAKE-A-PAW STORES
15. In December 2021, following the issuance of a temporary restraining
order in connection with this lawsuit, People of the State of New York v. 5 Corn.ers Pet,
In.c., the New York State Attorney General had a team of veterinary specialists
examine Shake-A-Paw puppies at both store locations, to determine the health and
wellness of the puppies. The veterinary specialists found that Shake-A-Paw's puppies
suffered from multiple infectious diseases evidencing a spread of disease among
puppies at both Shake-A-Paw locations. Several of the veterinary specialists who
went into the stores found that at least 1/3 and up to nearly ½ of the puppies they
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FILED: NASSAU CO
Preview
FILED: NASSAU COUNTY CLERK 03/08/2023 05:04 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 514 RECEIVED NYSCEF: 03/08/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU PEOPLE OF THE STATE OF NEW YORK, by LETITIA JAMES, Attorney General of the State of New York, PETITIONER'S EXPERT AFFIDAVIT Petitioner, Index No. 615766/2021 -against- J.S.C. RICIGLIANO, 5 CORNERS PET, INC.; RISK ENTERPRISES, Return Date: INC. d/b/a SHAKE-A-PAW, and GERARD March 9, 2023 O'SULLIVAN and MARC JACOBS, both individually and as owners of Shake-A-Paw, Respondents. STATE OF NEW YORK ) ) COUNTY OF PUTNAM ) Julie Fixman, Doctor of Veterinary Medicine, being duly sworn, deposes and says: 1. I am a Doctor of Veterinary Medicine (D.V.M.), licensed to practice veterinary medicine in the State of New York since 1998. I received a Bachelor of Science, cum laude and with Distinction, in Biological Sciences at Cornell University, where I concentrated in Animal Anatomy and Physiology. After graduating from Cornell University, I attended the Cornell University College of Veterinary Medicine where I co-authored a research paper published in the Federation of American Societies of Experimental Biology Journal and conducted research on the trigeminal motor nucleus of the chick embryo. While at Cornell, I earned the Hugh Dukes Prize in Experimental Physiology, 1998 and the Grant Sherman Hopkins Prize in 1 of 13 FILED: NASSAU COUNTY CLERK 03/08/2023 05:04 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 514 RECEIVED NYSCEF: 03/08/2023 Anatomy, 1998. I have been a Diplomate of the American Board of Veterinary Practitioners in Canine and Feline Practice since 2007. 2. I have served in leadership positions in the National Board of Veterinary Medical Examiners, Hudson Valley Veterinary Medical Society, and the American Board of Veterinary Practitioners, and I served as president of the Hudson Valley Veterinary Medical Society. I am a compassionate and committed veterinarian, and co-owner and Medical Director of South Putnam Animal Hospital. My areas of professional interest include complex internal medicine conditions, soft-tissue surgery, and ultrasound. I belong to several professional organizations and have served in a variety of community-service projects 4- including externship programs, H, the Anne Arundel SPCA Walkathon, and Career Day Presenter multiple years at Mahopac Middle and High Schools. 3. I am familiar with the care and treatment of small animals such as those whose purchase and subsequent retail sale by Shake-A-Paw are at issue in this case. I am also familiar with the veterinary conditions, treatment, progression, and prognoses of illnesses commonly seen in puppies, as well as the proper standards of care in existence during the time-period at issue in this case. All opinions set forth below are offered with a reasonable degree of veterinary certainty, and are based on my extensive education and experience as well as a review of: A. Certified Copies of Veterinary Records of Harris, Hov B. Certified Copies of Veterinary Records of Bohlman, Sully C. Certified Copies of Veterinary Records of Castiglione, Rosie D. Certified Copies of Veterinary Records of Hernandez, Peter E. Certified Copies of Veterinary Records of Gennawey, Lexi F. Certified Copies of Veterinary Records of Schechter, Storm 2 2 of 13 FILED: NASSAU COUNTY CLERK 03/08/2023 05:04 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 514 RECEIVED NYSCEF: 03/08/2023 G. Certified Copies of Veterinary Records of Stumacher, Ripley H. Certified Copies of Veterinary Records of Marrazzo, Luna I. Certified Copies of Veterinary Records of Caseres, Tony J. Certified Copies of Veterinary Records of Edwards, Jayda K. Certified Copies of Veterinary Records of Grass, Max L. Certified Copies of Veterinary Records of Garcia, Snow M. Certified Copies of Veterinary Records of Carrillo, Luna N. Certified Copies of Veterinary Records of Lee-Velez, Pepper 0. Certified Copies of Veterinary Records of Gaj, Tiana P. Certified Copies of Veterinary Records of McGuirk, Dolly Q. Certified Copies of Veterinary Records of Valdes, Pierre R. Certified Copies of Veterinary Records of Barksdale, Aries S. Certified Copies of Veterinary Records of Hallett, Harley Quinn T. Certified Copies of Veterinary Records of Doran, Kira U. Certified Copies of Veterinary Records of Conrad, Franny V. Certified Copies of Veterinary Records of Contreras, Layla, W. Certified Copies of Veterinary Records of Nigro, Tyson J X. Certified Copies of Veterinary Records of Treidel, Pepper Y. Certified Copies of Veterinary Records of Contreras, Evie Z. Certified Copies of Veterinary Records of Borowka, Millie AA. Certified Copies of Veterinary Records of Zaldana, Spencer BB. Certified Copies of VeterinaryRecords of Lum, Daisy CC. Certified Copies of Veterinary Records of Sokol, Muffin DD. Certified Copies of Veterinary Records of Paz, Biggie EE. Certified Copies of Veterinary Records of Lopez-Ona, Coconut FF. Certified Copies of Veterinary Records of Gelves, Gigi GG. Certified Copies of Veterinary Records of Keller, Joey HH. Certified Copies of Veterinary Records of Hinds, Junior II. Affidavit of Dr. Lauryn Benson, sworn to on March 7, 2022, with Accompanying Exhibits (See NYSCEF Doc. No. 225); JJ. Affidavit of Dr. Ellen Gunzel, sworn to on March 7, 2022 with Accompanying Exhibits (See NYSCEF Doc. No. 226); KK. Affidavit of Dr. Kayla Akkaya, sworn to on March 3, 2022 with Accompanying Exhibits (See NYSCEF Doc. No. 227); LL. Affidavit of Dr. Ashley Newman, sworn to on February 25, 2022, with Accompanying Exhibits (See NYSCEF Doc. No. 228); and MM. Affidavit of Dr. Diane Levitan, sworn to on March 9, 2022, with Accompanying Exhibits (See NYSCEF Doc. No. 245). 3 3 of 13 FILED: NASSAU COUNTY CLERK 03/08/2023 05:04 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 514 RECEIVED NYSCEF: 03/08/2023 4. I submit this Affidavit to show that last year, Shake-A-Paw continued to sell puppies suffering from contagious respiratory and gastrointestinallparasitic Respondents' diseases to unsuspecting consumers, notwithstanding claims of a "pass rate" of 97.2% following the issuance of health certificates after puppies were (Respondents' examined by court-appointed veterinarians correspondence dated February 3, 2028 [NYS CEF Doc. No. 493]). Based upon my review of numerous veterinarian records showing treatment that was rendered to these same puppies by Respondents' own veterinarians within days after being purchased by consumers, it is my opinion within a reasonable degree of veterinary certainty that there is a Respondents' continual spread of contagious disease throughout store locations. HEALTH CERTIFICATES Respondents' rate" 5. claims of a "pass of 97.2% following the issuance of health certificates after the puppy examinations conducted by the court-appointed Respondents' veterinarians are illusory. The veterinary records of own veterinarians clearly show that numerous puppies were clinically ill, exhibiting multiple signs of infectious upper respiratory and gastrointestinal/parasitic illnesses within days or same day of purchase, illnesses which the puppies had to have been suffering from during their stay at the Shake-A-Paw stores. In fact, a health certificate issued by a 'snap-shot" licensed veterinarian provides only a in time, intending to certify only that an animal is free from any clinical evidence of the presence of obvious common infectious disease at the time of examination. A health certificate does not certify that the animal is in good health at a future time of sale. Nor does it rule out the 4 4 of 13 FILED: NASSAU COUNTY CLERK 03/08/2023 05:04 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 514 RECEIVED NYSCEF: 03/08/2023 possibility that a given puppy is incubating any contagious diseases, the symptoms of which may not appear until after a health certificate has already been issued. Moreover, it is important to note that some diseases have an incubation period during which the animal may not show any signs of illness but can still be carrying the disease and potentially infecting other animals or humans. In fact, a health certificate is no longer considered valid if the puppy develops any health problems or conditions after the certificate is issued. 6. Shake-A-Paw is wrongly relying on the issuance of the health "healthy" certificates to show that the puppies are at the time of sale to the public. Shake-A-Paw's argument is very misleading because Shake-A-Paw fails to disclose that their own veterinarians has diagnosed many of these same puppies with infectious diseases within days or same day after purchase, clearly establishing that the Shake-A-Paw puppies must have been sick or incubating disease in the days to their sale, For these it is highly recommended that the Shake- leading up reasons, A-Paw puppies be quarantined and observed for a two-week period even after they have been examined and issued a health certificate, especially if they have recently been in contact with other animals, to prevent the spread of contagious diseases and allow any potential illnesses to be detected and treated promptly. 5 5 of 13 FILED: NASSAU COUNTY CLERK 03/08/2023 05:04 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 514 RECEIVED NYSCEF: 03/08/2023 COMMON ILLNESSES SEENIN SHAKE-A-PAW PUPPIES CANINE INFECTIOUS RESPIRATORY DISEASES 7. During my twenty-five-year career, I have treated hundreds of puppies " that were sourced from out-of-state breeders and brokers known as "puppy mills A puppy mill is an establishment that breeds puppies for sale, typically on an intensive basis and in conditions regarded as inhumane, where the breeding females and their puppies often lack socialization, access to the outdoors, adequate sanitation, or veterinary care. The offspring of these puppy mill dogs are transported by the dozens, across the country, packed into vans. Many of these puppies arrive at their destinations ill due to the stress of travel and elose confinement with sick dogs during transport. Common illnesses found in dogs following transportation to brokers and pet stores from puppy mills include illnesses such as giardia, parvovirus, kennel cough, upper respiratory infections, and pneumonia. These same illnesses were seen puppies' in the Shake-A-Paw charts that I reviewed. 8. Canine Infectious Respiratory Disease Complex ("CIRDC"), commonly known as Kennel Cough, is a highly contagious infection of the respiratory tract characterized by a harsh, hacking cough. CIRDC-infected puppies may exhibit other symptoms, such as nasal discharge, fever, decreased appetite, lethargy, and difficulty breathing. CIRDC is very uncomfortable for dogs, and although it is rarely lethal, it can be dangerous for puppies or dogs with compromised immune systems. CIRDC can progress to life-threatening bronchopneumonia. Numerous organisms may be involved in a case of CIRDC including, but not limited to, bacterial infection with 6 6 of 13 FILED: NASSAU COUNTY CLERK 03/08/2023 05:04 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 514 RECEIVED NYSCEF: 03/08/2023 Bordetella bronchiseptica and Mycoplasma cyn.os as well as with many viral species including canine influenza virus, canine herpesvirus, canine respiratory coronavirus, parainfluenza virus, and canine distemper virus. 9. A dog infected with kennel cough sheds infectious bacteria and/or viruses in respiratory secretions. These secretions become aerosolized and float in the air where they can be inhaled by a healthy dog. Crowded housing and suboptimal ventilation play important roles in the likelihood of transmission, but infectious organisms may also be transmitted on toys, food bowls, or other objects. Outbreaks are common in situations where large numbers of dogs are housed together. Although the costs of uncomplicated cases of CIRDC tend to be low, complicated cases can require more advanced care. Antibiotics may be administered, and dogs with pneumonia could require hospitalization in an isolation ward. Fluids, oxygen, and inhalation therapies may also be given for more severe cases. Complicated cases can cost consumers thousands of dollars as hospitalization, supportive therapies and/or medication, and additional diagnostic testing will add to the bill. CIRDC typically is caused by one or more of the following nine pathogens, occurring singly or in combination. Organism Incubation Period (days) Bordetella bronchiseptica 2-6 Mycoplasma cynos 3-10 Streptococcus equi (subspecies zooepidemicus) probably days Canine adenovirus 3-6 Canine distemper virus 3-6 Canine herpesvirus-1 6-10 Canine influenza virus 2-5 7 7 of 13 FILED: NASSAU COUNTY CLERK 03/08/2023 05:04 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 514 RECEIVED NYSCEF: 03/08/2023 8 8 of 13 FILED: NASSAU COUNTY CLERK 03/08/2023 05:04 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 514 RECEIVED NYSCEF: 03/08/2023 10. These are just approximate incubation periods and may vary depending on the individual puppy and the severity of the disease. Since some respiratory diseases can be transmitted from animals to humans, it is important to take proper precautions and seek veterinary care if a puppy is showing signs of respiratory illness. GASTROINTESTINAL/PARASITIC DISEASES 11. Coccidia and Giardia are both intestinal protozoan parasites that are commonly found in young puppies. Giardiasis, caused by the organism Giardia duodenalis, can be contracted by drinking water that has been contaminated by feces or by eating something that has been contaminated by feces. Once the parasite is in a dog's intestines, the dog can spread the parasite. Giardia in dogs does not always cause problems but when it does it is highly unpleasant. The parasite inhibits the dog's ability to properly absorb nutrients, water, and electrolytes, which leads to diarrhea and weight loss. The diarrhea can be intermittent or continual, especially in puppies, and failure to diagnose and treat the disease can lead to severe weight loss and malnutrition. 12. Coccidiosis, caused by Cystoisospora spp. (formerly Isospora), also infects the gastrointestinal tract of dogs. These tiny-celled parasites live in the wall of the intestine. Coccidia is most common in puppies. Signs of coccidiosis consist of diarrhea that is watery, bloody or mucousy, weight loss, and dehydration. Young puppies are more likely to become infected with coccidia, due to their underdeveloped immune system, when they are exposed to contaminated dog feces. Stressful 9 9 of 13 FILED: NASSAU COUNTY CLERK 03/08/2023 05:04 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 514 RECEIVED NYSCEF: 03/08/2023 situations (such as traveling or moving to a new home environment), immunosuppression, or additional chronic disease can make dogs more susceptible to coccidia infection. 13. The incubation period for parasitic organisms in puppies can vary widely depending on the type of parasite and the specific disease it causes. Organism Incubation Period (days) Giardia 5 to 12 Coccidia 4 to 12 14. The actual incubation period for a specific parasite may vary depending on the individual puppy and the severity of the infestation. Because some parasitic infections are contagious and can be transmitted to other animals and humans, it is vital to implement the proper precautions and seek veterinary care once a puppy shows signs of parasitic infestation. A CONTINUAL SPREAD OF CONTAGIOUS AND INFECTIOUS RESPIRATORY AND GASTROINTESTINAIlPARASITIC DISEASES EXISTS IN THE SHAKE-A-PAW STORES 15. In December 2021, following the issuance of a temporary restraining order in connection with this lawsuit, People of the State of New York v. 5 Corn.ers Pet, In.c., the New York State Attorney General had a team of veterinary specialists examine Shake-A-Paw puppies at both store locations, to determine the health and wellness of the puppies. The veterinary specialists found that Shake-A-Paw's puppies suffered from multiple infectious diseases evidencing a spread of disease among puppies at both Shake-A-Paw locations. Several of the veterinary specialists who went into the stores found that at least 1/3 and up to nearly ½ of the puppies they 10 10 of 13 FILED: NASSAU CO