Preview
FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021
At a Special
Term Part of the Supreme Court of
the State of New York, held in and for
the County of Nassau at the
courthouse located at 100 Supreme
Court Drive, Mineola, New York, on
the ___ day of ____________, 20 .
PRESENT:
HON. _____________________________________
J.S.C.
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, ORDER TO SHOW CAUSE
WITH TEMPORARY
Petitioners, RESTRAINING ORDER
Index No.
-against-
IAS Part
Assigned to Justice
5 CORNERS PET, INC.; RISK ENTERPRISES, INC.
d/b/a SHAKE-A-PAW, and GERARD O’SULLIVAN
and MARC JACOBS, both individually and as
owners of Shake-A-Paw,
Respondents.
_________________________________________________
Upon reading the annexed Verified Petition, verified on December 15 th, 2021; the
Affirmation of Christina Bedell, Assistant Attorney General in support of the Petition, affirmed
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on December 15 th, 2021, together with Exhibits A through N, inclusive of twenty-seven sworn
affidavits from consumers with their associated attachments; the Memorandum of Law in
support of the Petition, dated December 15 h, 2021;
NOW,
Upon the motion of LETITIA JAMES, Attorney General of the State of New York,
attorney for Petitioners, it is
ORDERED that the Respondents in the above-entitled action, 5 CORNERS PET, INC.,
RISK ENTERPRISES, INC D/B/A SHAKE-A-PAW, and GERARD O’SULLIVAN and MARC
JACOBS, both individually and as owners of SHAKE-A-PAW, show cause at a
______________ Term of this Court before the Hon. ______________, to be held at the New
York State Supreme Court, Nassau County, located at 100 Supreme Court Drive, Mineola, New
York 11501, on the _____ day of ____________ 2021, at _______________ o’clock in the
___noon of that day, or as soon thereafter as counsel may be heard, why an order should not be
made, pursuant to Executive Law § 63(12), General Business Law (“GBL”) Articles 22-A and
35-D, and Agriculture & Markets Law (“AML”) Article 26-A which provides the following
relief:
1. Permanently enjoining Respondents from violating Executive Law § 63(12),
Articles 22-A and 35D of the GBL, and Article 26-A of the AML, and from
engaging in the fraudulent, deceptive and illegal practices alleged herein;
2. Permanently enjoining Respondents, whether acting individually or in concert
with others, or through any corporate or other entity or device through which they
may now or hereafter act or conduct business (“Respondents”), from operating,
promoting, or participating in any business relating to the selling, adopting out,
rescuing or care of live animals, or relating to live animals in any way; requiring
Respondents to execute and file with the Attorney General a performance bond in
the sum of $2,000,000 by a surety or bonding company licensed by, and in good
standing with, the New York State Department of Financial Services,
guaranteeing that Respondents comply with any injunction that may be entered
herein, the proceeds of the bond to provide a fund for restitution to consumers
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defrauded or damaged by the past or future conduct of Respondents;
3. Directing Respondents to make full monetary restitution and pay damages to all
injured consumers, including those not identified at the time of the order;
4. Directly Respondents to pay a civil penalty in the sum of $1,000.00 to the State of
New York for each instance of violation of GBL Article 35-D, pursuant to § 755;
5. Directing Respondents to render an accounting to the Attorney General of (a) the
names and addresses of each customer who purchased an animal from
Respondents from January 1, 2016 to the present, and the amount of money
received from each customer; and (b) the names and addresses of each customer
who paid fees to Respondents through any attorney or third-party from January 1,
2016;
6. Directing Respondents to prepare an accounting of all dogs they sold, adopted, or
fostered, or offered for sale, adoption or foster, from January 1, 2016 to present
including the (i) name, sex and breed of the dog, (ii) the name, address, and phone
number of the purchaser/adopter; (iii) the price paid; and (iii) the date of
purchase/adoption/foster;
7. Directing Respondents to provide any and all documentation between any and all
veterinarians who have treated dogs in the care of Respondents and/or who have
provided any treatment plans, medical supplies, support, or medication to
Respondents;
8. Directing Respondents to provide any and all documentation, including but not
limited to certificates of health or fitness, and veterinary reports, reflecting that
the dogs in possession of Respondents are fit for sale, adoption, or fostering;
9. Directing Respondents to appear for an oral examination, under oath, which will
be recorded by an official reporter;
10. Directing Respondents to identify the name of any and all payroll processing
companies used; and the names, addresses, and job description for each and every
employee and/or volunteer;
11. Permanently enjoining Respondents from, directly or indirectly, destroying or
disposing of any records pertaining to their business;
12. Permanently enjoining Respondents from converting, transferring, selling or
otherwise disposing of funds paid to them by New York consumers;
13. Directing Respondents to notify Petitioners of any change of address within five
days of such change;
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14. Directing Respondents to pay a civil penalty in the sum of $5,000.00 to the State
of New York for each instance of violation of GBL Article 22-A, pursuant to
GBL § 350-d;
15. Awarding Petitioners costs and disbursements, together with an additional
allowance of $2,000.00 pursuant to GBL § 774 and CPLR § 8303(a)(6); and
16. Granting Petitioners any such other and further relief as the Court deems just,
equitable and proper.
AND IT APPEARING that a cause of action for temporary injunctive relief exists under
Executive Law § 63(12), General Business Law §§ 349, 350 and CPLR Sections 6301 and 6313,
and that Respondents have engaged in repeated and persistent illegal, fraudulent and deceptive
acts and practices which have caused and will continue to cause immediate and irreparable injury
to members of the public;
AND IT APPEARING therefrom that immediate and irreparable injury, loss and
damages will result, and the potential dissipation of Respondents’ assets would tend to render a
judgment of restitution ineffectual unless Respondents are temporarily restrained from
transferring, selling or otherwise disposing of any of the assets owned by Respondents in the
State of New York until a hearing on the Petition can be had,
ORDERED that pending the hearing of this special proceeding, Respondents are hereby
temporarily restrained from transferring, selling or otherwise disposing of any assets owned,
possessed or controlled by Respondents in the State of New York, with the exception of $500.00
a day for Respondents’ daily living expenses, and it is further
ORDERED that pending the hearing and determination of this special proceeding, and to
protect the public and the animals in Respondents’ care from likely damaging consequences,
Respondents, their agents, employees, successors, and assigns, and any other person under their
direction and control, whether acting individually or in concert with others, or through any
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corporate or other entity or device, are hereby temporarily restrained, pursuant to Executive Law
§ 63(12), GBL § 349, and CPLR §§ 6301 and 6313 from purchasing or otherwise obtaining any
live animal for re-sale in New York that is not already currently in the care and custody of the
Respondents; and it is further
ORDERED that in consideration of the well-being of the animals already purchased by
the Respondents for sale to the public, Respondents are permitted to accept delivery and/or
otherwise take possession of any animals who were purchased and/or ordered prior to the entry
of this order to show cause, and Respondents are permitted to sell those animals and any already
in Respondents’ possession provided the following conditions are met:
a. Respondents must produce to the Court and the Petitioners a full inventory of
the puppies already purchased and not yet sold, including puppies scheduled
to be transported to any store, identifying the store in which the animal is
located and the date the store acquired the animal or will be acquiring the
animal;
b. Assigning a monitor to oversee the sales of animals and placing any monies
received from those sales into an escrow account, with any release of funds
from that escrow account being subject to approval of the Petitioners;
c. Until further order of this Court, Respondents must produce a weekly sworn
affidavit to the Court and the Petitioners identifying the location and/or
disposition status of all animals identified in paragraph (a). Respondents must
certify that any animals sold to consumers in that time frame were examined
by an independent veterinarian, approved by Petitioners, and found to be fit
for sale, that all required disclosures were made to consumers, and that no
other illegalities described in the petition occurred; and
d. Violations of paragraphs (a) through (c) above, to include any underlying
violation in the sale of an animal during the enforcement of this temporary
restraining order, shall constitute a violation of this order and subject the
Respondents to contempt proceedings pursuant to the Judiciary Law.
ORDERED that Respondents shall provide to Petitioners, within twenty-four (24) hours
after service of this Order, a list that identifies all New York assets for each Respondent and the
names and addresses of all banks, savings and loan associations and other financial depositories
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located inside and outside of New York at which Respondents maintain any account(s) or have
the right to have funds credited to them in any account(s), together with the account numbers and
titles, and it is further
ORDERED that upon service of a copy of this Order upon said bank or depository, it is
hereby temporarily restrained until further order of the Court from paying out, transferring, or
setting off or assigning to themselves or to any other person or firm such funds, with the
exception of $500 a day for Respondent’s daily living expenses, and it is further
ORDERED that upon service of a copy of this Order upon Bank of America, said bank
is hereby temporarily restrained until further order of the Court from paying out, transferring, or
setting off or assigning to themselves or to any other person or firm such funds including, but
not limited to, funds held in Bank of America, account numbers 004833821371; 483047185217;
and it is further
ORDERED that upon service of a copy of this Order upon Chase Bank, said bank is
hereby temporarily restrained until further order of the Court from paying out, transferring, or
setting off or assigning to themselves or to any other person or firm such funds including, but
not limited to, funds held in Chase Bank, account numbers 6901521229; 204001853665;
204001853601; 204606412601; 204609012101; 204609014801;
and
SUFFICIENT CAUSE appearing to me therefore,
LET personal service of one copy of this order and supporting papers upon Respondents,
on or before the _____th day of ___________2021, by personally serving their attorney, Richard
Hamburger, of Hamburger, Maxson, Yaffe, & Martingale, LLP, by leaving a true copy at 225
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Broadhollow Road, Suite 301E, Melville, NY 11747, which is attorney Hamburger’s place of
business be deemed due and sufficient service on all Respondents hereof; and
Pursuant to CPLR § 403(b), answering papers, if any, are required to be served on the
Petitioners’ Nassau Regional Office at least two days before the return date of this special
proceeding. If, however, this Order to Show Cause is served at least twelve days before the
return date, answering papers, if any, are required to be served at least seven days before the
return date.
Dated: Mineola, New York
December 16 th, 2021
ENTER
_______________________________
J.S.C.
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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, AFFIRMATION
Petitioner,
Index No.
-against- IAS Part
Assigned to Justice
5 CORNERS PET, INC.; RISK ENTERPRISES, INC.
d/b/a SHAKE-A-PAW, and GERARD O’SULLIVAN
and MARC JACOBS, both individually and as
owners of Shake-A-Paw,
Respondents.
_________________________________________________
CHRISTINA H. BEDELL, an attorney duly admitted to practice in the courts
of the State of New York, affirms the truth of the following under penalty of perjury.
1. I am an Assistant Attorney General in the Nassau Regional Office of
the Attorney General of the State of New York (“NYAG”). I am familiar with the
facts and circumstances of this action.
2. The facts set forth in this Affirmation are based upon information
contained in the files of the Attorney General and are believed to be true and
correct.
3. 5 Corners Pet, Inc. and Risk Enterprises, Inc. are New York for profit
corporations doing business as Shake-A-Paw. Shake-A-Paw is a pet dealer licensed
by the New York State Department of Agriculture and Markets. 5 Corners Pet, Inc.
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and Risk Enterprises, Inc. operate two retail pet stores in New York under the
name Shake-A-Paw:
Shake-A-Paw
1 Atlantic Avenue
Lynbrook, New York 11563
Shake-A-Paw
285 S. Broadway
Hicksville, New York 11801
4. Respondent Gerard O’Sullivan is a New York resident, and is the co-
owner of Shake-A-Paw and has overseen and been responsible for the operations of
all its store locations. Respondent Gerard O’Sullivan formulated, directed,
controlled, and participated in the unfair and deceptive acts and practices of Shake-
A-Paw.
5. Respondent Marc Jacobs is a New York resident, and is the co-owner of
Shake-A-Paw and has overseen and been responsible for the operations of all its
store locations. Respondent Marc Jacobs formulated, directed, controlled, and
participated in the unfair and deceptive acts and practices of Shake-A-Paw.
6. Collectively, 5 Corners Pet, Inc., Risk Enterprises, Inc., Gerard O’
Sullivan and Marc Jacobs are hereinafter referred to as “Respondents.”
INTRODUCTION
7. Beginning in about 1994, Respondent began operating as a
retail pet store, Shake-A-Paw. Exhibit A Entity Information from the NYS
Department of State. Respondents currently have two retail locations at 1 Atlantic
2
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Avenue Lynbrook, New York and 285 S. Broadway, Hicksville, New York. Id.
Respondents are pet dealers licensed by the New York State Department of
Agriculture and Markets and sell various breeds of dogs.
8. Respondents maintain the website www.longislandpuppies.com,
which they use to solicit consumers. Respondents make numerous
misrepresentations on this website, in their contracts, as well as in their
communications with consumers, as to the health, breeding and pedigree of the dogs
offered for sale, the source of the dogs, and other material facts. Respondents have
violated the Pet Lemon Law, GBL §§ 753, 753-A, 753-B, 753-C and 754, by failing to
provide consumers with notices and documentation required under the law and by
failing to honor consumers’ rights to obtain redress under the law by selling animals
that are unfit for purchase, and by failing to honor consumers’ rights to obtain
redress under the law. Respondents’ conduct constitutes false advertising and
deceptive business practices in violation of GBL §§ 349 and 350, and persistent and
repeated fraud and illegality in violation of Executive Law § 63(12). 1
9. The Attorney General commenced this proceeding to enjoin
Respondents from engaging in deceptive, fraudulent, and illegal practices, to obtain
restitution and damages for consumers injured by Respondent’s business practices,
and to obtain civil penalties and costs.
1
Additional details of Respondents’ fraud and illegality are set forth in detail in the
verified complaints which are included in support of Petitioners’ Order to Show
Cause and Verified Petition.
3
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10. In support of this Affirmation and proceeding, the NYAG
submits the following:
A) Affidavit of Katty Alvarez, with attachments;
B) Affidavit of Danielle Fasano, with attachments;
C) Affidavit of Valeria Fishelman-Crowther, with attachments;
D) Affidavit of Linda Jean-Louis, with attachments;
E) Affidavit of Lloyd Malsin, with attachments;
F) Affidavit of Heidi Spellman, with attachments;
G) Affidavit of Joann Vaglica, with attachments;
H) Affidavit of Johanna Valencia, with attachments;
I) Affidavit of Lisa Tassinari, with attachments;
J) Affidavit of Camille Stanislaus, with attachments;
K) Affidavit of Dawn Maldonado, with attachments;
L) Affidavit of Adam Weiss, with attachments;
M) Affidavit of Kenneth Webb, with attachments;
N) Affidavit of Ronald Guido, with attachments;
O) Affidavit of Stacey Schenone, with attachments;
P) Affidavit of Kim Karachannas, with attachments;
Q) Affidavit of Melissa Attias, with attachments;
R) Affidavit of Brianne Richards, with attachments;
S) Affidavit of Jason Brill, with attachments;
T) Affidavit of Stephen Cohen, with attachments;
4
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U) Affidavit of Erin Laxton, with attachments;
V) Affidavit of Meaghan Huber, with attachments;
W) Affidavit of Damon Lee, with attachments;
X) Affidavit of Edith Lopez, with attachments;
Y) Affidavit of Robin Miller, with attachments;
Z) Affidavit of Valentina Moyano, with attachments;
AA) Affidavit of Nicole Piccini, with attachments;
BB) Affidavit of Milana Khavasova, with attachments;
CC) Affidavit of Janice Valenti, with attachments;
DD) Deposition of Dr. Gregory Nelson, DVM, Exhibit B;
EE) Bank checks, Exhibit C;
FF) Humane Society Horrible Hundred Reports (2014, 2017, 2019,
and 2021), Exhibit D;
GG) Report by the New York City Bar Association in Support of the
NYS Ban on Pet Shop Animal Sales (March 30, 2021), Exhibit E;
HH) USDA List of Active Licensees and Registrants as of November
2021, Exhibit F;
II) Puppy Mill Pipeline from the ASPCA, Exhibit G;
JJ) Certificates of Veterinary Inspection, Exhibit H;
KK) Veterinary Records of Central Veterinary Associates, Exhibit I;
West Hills Animal Hospital, Exhibit J; Carman Avenue Veterinary Associates,
Exhibit K, and Sunrise Animal Hospital, Exhibit L.
5
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LL) Shake A Paw Records, Exhibit M
MM) Small Claims Court Records, Exhibit N.
NN) United States v. Daniel Gingerich, Exhibit O
OO) Puppy Mills, Exhibit P
FACTS
A. The Attorney General’s Investigation
11. From 2016 to the present, the NYAG has received 82 complaints
from consumers regarding Respondents’ business practices for puppies sold from
2016 to present. The New York Better Business Bureau has received approximately
22 similar complaints in the past three years.
12. On or about January 2016, the NYAG instituted an
investigation into Respondents’ business practices after receiving numerous
consumer complaints involving violations of New York’s Pet Lemon Law, GBL §§
753, 753-A, 753-B, 753-C and 754. The NYAG subpoenaed Respondents’ records on
January 13, 2016. In response to our subpoena, Respondents argued that the
subpoena should be narrowed to apply only to records of consumers who filed
complaints with our office. Respondents refused to provide any other documentation
requested. On or about March 8, 2016, Respondents further responded to the NYAG
subpoena with the information that Dr. Laurence Blauvelt of Carman Avenue
Veterinary Hospital and Dr. William Seader of Sunrise Animal Hospital were their
attending veterinarians. Respondents’ attending veterinarians issued Health
Certificates, as required by New York General Business Law (“GBL”) Article 35-D,
6
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certifying that the animal was examined and found to be in good health prior to
sale. Respondents directed consumers to their attending veterinarians when a
puppy was sick, and falsely represented that consumers were required to use one of
their attending veterinarians in order to have any veterinary costs reimbursed. See
Deposition of Dr. Nelson, page 21; Affidavit of Stacey Schenone; Affidavit of Katty
Alvarez; Affidavit of Danielle Fasano; Affidavit of Linda Jean-Louis; Affidavit of
Heidi Spellman.
13. On or about May 20, 2016, NYAG subpoenaed records from
Carman Avenue Veterinary Hospital and Sunrise Animal Hospital. Both veterinary
practices refused to comply with our subpoena and a motion to compel was filed to
compel production. That case was resolved with an agreement by both veterinarians
to provide records pursuant to the subpoena. A third veterinarian, West Hills
Animal Hospital, was subsequently found to be an attending veterinarian of
Respondents, and NYAG issued a subpoena to them on or about February 5, 2018.
West Hills Animal Hospital agreed to provide only documents relating to
hospitalized or severely ill puppies purchased from Shake-A-Paw.
14. Central Veterinary Associates was an attending veterinarian for
Respondents from approximately 1999 to 2015 when the relationship ended. See
Deposition of Dr. Nelson, DVM page 22.
15. Throughout this time, from 2016 to date, the NYAG continued
to receive consumer complaints regarding Respondents’ deceptive business
practices.
7
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16. On or about July 10, 2019, the NYAG served Respondents with
another subpoena, which Respondents complied with. A subpoena for additional
records was served on Respondents on or about February 4, 2021. Additional
subpoenas were also served on West Hills Animal Hospital, Sunrise Animal
Hospital, and Central Veterinary Associates on or about February 4, 2021. A
subsequent subpoena was also sent to Carman Avenue Veterinary Hospital on or
about May 3, 2021.
On May 7, 2021, Dr. Gregory Nelson, DVM a licensed veterinarian
with 25 years’ experience and principal at Central Veterinary Associates, provided
sworn testimony, which supported the information contained in consumer
complaints regarding Respondents’ deceptive acts and practices. See Exhibit B.
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B. Respondents Falsely Advertised the Highest Quality and Healthiest
Puppies
17. Through online advertising at: www.longislandpuppies.com,
Respondents advertise that it sells “the highest quality, healthiest, and friendliest
puppies.” www.longislandpuppies.com/about-us.
18. Furthermore, Respondents state that they work with “the most
trusted breeders nationwide and handpick the best of the bunch.”
www.longislandpuppies.com. and that that they “work with the most reputable
breeders in the country.” Id. At various places on Respondents’ web site,
9
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Respondents state that they offer “an unbeatable health guarantee” and “an
incredible, unmatched health guarantee.” Id. Throughout Respondents’ website,
they state that their puppies are “healthy, friendly, and adorable.” Id.
https://www.longislandpuppies.com/faqs.
19. Consumers relied on these online representations when they
purchased puppies from Respondents, believing these puppies to be healthy. In fact,
Respondents touted their “incredible, unmatched health guarantee” as a reason for
consumers to purchase from them, as opposed to buying a puppy from a breeder.
10
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Id.
20. Consumers relied on these representations and believed that
Respondents’ puppies came from humane breeders, as opposed to puppy mills 2, and
that, by purchasing puppies from Respondents, they were not supporting inhumane
breeding practices.
21. Respondents’ representations about the puppy health and
breeder history were far from truthful. As discussed below, Respondents sold
puppies that had serious illnesses, with some puppies passing away within days or
weeks after purchase. See Affidavit of Lloyd Malsin; Affidavit of Janice Valenti;
Affidavit of Erin Laxton; Affidavit of Linda Jean-Louis. Additionally, Respondents
2
A puppy mill is a commercial farming operation in which purebred dogs are raised
in large numbers and often in substandard or poor conditions. Merriam-Webster.
The Humane Society defines a puppy mill as an inhumane high-volume dog
breeding facility that churns out puppies for profit, ignoring the needs of the pups
and their mothers. Dogs from puppy mills are often sick and unsocialized.
https://www.humanesociety.org/all-our-fights/stopping-puppy-mills.
11
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sold puppies that did not come from reputable breeders as advertised, but instead,
came from known puppy mills.
C. Respondents’ Deceptive and Unlawful Business Practices
(i) Respondents Sold Sick Puppies to Consumers
22. Respondents repeatedly represented to consumers that the
puppies they were selling were healthy. However, many of the puppies sold to
consumers were actually ill at the time of purchase and/or began showing signs of
illness, shortly thereafter. Dr. Nelson described this in his deposition:
Q: So I'm just going to take a little bit of what you said piece by piece.
Now, I know you said way too many were sick. Can you put a
number to that if you had to?
A: Wow, certainly more than 2/3rds. And with the records that I
have here that you've requested, your office has requested, I
actually wrote down the number out of curiosity because you have
79 records -- I don't know if you care for me to repeat that -- I have
79 records here, 10 were what I would consider healthy.
Q: In your opinion, that's an alarming number, right?
A: That's very disturbing.
Q: Why is that very disturbing?
A: Well, it's one of two things. Either they directed the sicklies to
come here at a discounted rate or they -- or if that is a true
representation of what they're sending out, that's alarming. No
animal should, you know, be sold, no animal should go into
another person's possession, adoption, sold, etcetera, with any
serious illness.
See Deposition of Dr. Nelson, DVM page 42.
12
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Conditions Observed in Shake A Paw Puppies
Parvo Diarrhea
Blood in stool Pneumonia
Parasites (Giardia 74, Oocyst 21, Coccidia 9, mange 1)
Coughing & sneezing
Bronchitis Kennel cough/ ITB
Limping Heart defect
URI Died
breathing problems Patella defect
Vomit Congenital defect other
Breakdown of Sick Puppies from Veterinary Records and Consumer Complaints
Received by the NYAG
23. Respondents repeatedly sold puppies that were suffering from
serious physical injuries or contagious or infectious diseases, including but not
limited to parvovirus, parasites (including but not limited to coccidia and giardia),
mange, acute respiratory infection, kennel cough, and pneumonia. See Affidavit of
Ronald Guido; Affidavit of Adam Weiss; Affidavit of Lisa Tassinari; Affidavit of
Daniella Fasano; Affidavit of Katty Alvarez; Affidavit of Valeria Fishelman-
Crowther; Affidavit of Lloyd Malsin; Affidavit of Heidi Spellman; Affidavit of
Johanna Valencia; Affidavit of Robin Miller.
24. Respondents also sold puppies with congenital defects such as
life-threatening heart conditions and limb deformities, including patellar luxation.
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021
See Affidavit of Kenneth Webb, whose puppy suffered multiple seizures and was
admitted to the ER severely ill due to a congenital birth defect; Affidavit of Linda
Jean-Louis, whose puppy passed away due to a heart murmur; Affidavit of Joann
Vaglica, whose puppy suffered from numerous seizures; Affidavit of Nicole Piccini,
whose puppy suffered from difficulty breathing due to a congenital defect, which
required surgery to correct.
25. Respondents sold dogs with other, various signs of serious
illnesses such as bloody stool, loss of appetite, vomiting, and lethargy. In several
cases, consumers reported that these sick puppies died shortly after purchase.
“I took my puppy home on October 10, 2020, and named her
Stella. The day I brought her home, she ate a small amount of food and
was playful and acting like a normal puppy, exploring our house. By
the next day, however, Stella’s appetit
Preview
FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 At a Special Term Part of the Supreme Court of the State of New York, held in and for the County of Nassau at the courthouse located at 100 Supreme Court Drive, Mineola, New York, on the ___ day of ____________, 20 . PRESENT: HON. _____________________________________ J.S.C. 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, ORDER TO SHOW CAUSE WITH TEMPORARY Petitioners, RESTRAINING ORDER Index No. -against- IAS Part Assigned to Justice 5 CORNERS PET, INC.; RISK ENTERPRISES, INC. d/b/a SHAKE-A-PAW, and GERARD O’SULLIVAN and MARC JACOBS, both individually and as owners of Shake-A-Paw, Respondents. _________________________________________________ Upon reading the annexed Verified Petition, verified on December 15 th, 2021; the Affirmation of Christina Bedell, Assistant Attorney General in support of the Petition, affirmed FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 on December 15 th, 2021, together with Exhibits A through N, inclusive of twenty-seven sworn affidavits from consumers with their associated attachments; the Memorandum of Law in support of the Petition, dated December 15 h, 2021; NOW, Upon the motion of LETITIA JAMES, Attorney General of the State of New York, attorney for Petitioners, it is ORDERED that the Respondents in the above-entitled action, 5 CORNERS PET, INC., RISK ENTERPRISES, INC D/B/A SHAKE-A-PAW, and GERARD O’SULLIVAN and MARC JACOBS, both individually and as owners of SHAKE-A-PAW, show cause at a ______________ Term of this Court before the Hon. ______________, to be held at the New York State Supreme Court, Nassau County, located at 100 Supreme Court Drive, Mineola, New York 11501, on the _____ day of ____________ 2021, at _______________ o’clock in the ___noon of that day, or as soon thereafter as counsel may be heard, why an order should not be made, pursuant to Executive Law § 63(12), General Business Law (“GBL”) Articles 22-A and 35-D, and Agriculture & Markets Law (“AML”) Article 26-A which provides the following relief: 1. Permanently enjoining Respondents from violating Executive Law § 63(12), Articles 22-A and 35D of the GBL, and Article 26-A of the AML, and from engaging in the fraudulent, deceptive and illegal practices alleged herein; 2. Permanently enjoining Respondents, whether acting individually or in concert with others, or through any corporate or other entity or device through which they may now or hereafter act or conduct business (“Respondents”), from operating, promoting, or participating in any business relating to the selling, adopting out, rescuing or care of live animals, or relating to live animals in any way; requiring Respondents to execute and file with the Attorney General a performance bond in the sum of $2,000,000 by a surety or bonding company licensed by, and in good standing with, the New York State Department of Financial Services, guaranteeing that Respondents comply with any injunction that may be entered herein, the proceeds of the bond to provide a fund for restitution to consumers FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 defrauded or damaged by the past or future conduct of Respondents; 3. Directing Respondents to make full monetary restitution and pay damages to all injured consumers, including those not identified at the time of the order; 4. Directly Respondents to pay a civil penalty in the sum of $1,000.00 to the State of New York for each instance of violation of GBL Article 35-D, pursuant to § 755; 5. Directing Respondents to render an accounting to the Attorney General of (a) the names and addresses of each customer who purchased an animal from Respondents from January 1, 2016 to the present, and the amount of money received from each customer; and (b) the names and addresses of each customer who paid fees to Respondents through any attorney or third-party from January 1, 2016; 6. Directing Respondents to prepare an accounting of all dogs they sold, adopted, or fostered, or offered for sale, adoption or foster, from January 1, 2016 to present including the (i) name, sex and breed of the dog, (ii) the name, address, and phone number of the purchaser/adopter; (iii) the price paid; and (iii) the date of purchase/adoption/foster; 7. Directing Respondents to provide any and all documentation between any and all veterinarians who have treated dogs in the care of Respondents and/or who have provided any treatment plans, medical supplies, support, or medication to Respondents; 8. Directing Respondents to provide any and all documentation, including but not limited to certificates of health or fitness, and veterinary reports, reflecting that the dogs in possession of Respondents are fit for sale, adoption, or fostering; 9. Directing Respondents to appear for an oral examination, under oath, which will be recorded by an official reporter; 10. Directing Respondents to identify the name of any and all payroll processing companies used; and the names, addresses, and job description for each and every employee and/or volunteer; 11. Permanently enjoining Respondents from, directly or indirectly, destroying or disposing of any records pertaining to their business; 12. Permanently enjoining Respondents from converting, transferring, selling or otherwise disposing of funds paid to them by New York consumers; 13. Directing Respondents to notify Petitioners of any change of address within five days of such change; FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 14. Directing Respondents to pay a civil penalty in the sum of $5,000.00 to the State of New York for each instance of violation of GBL Article 22-A, pursuant to GBL § 350-d; 15. Awarding Petitioners costs and disbursements, together with an additional allowance of $2,000.00 pursuant to GBL § 774 and CPLR § 8303(a)(6); and 16. Granting Petitioners any such other and further relief as the Court deems just, equitable and proper. AND IT APPEARING that a cause of action for temporary injunctive relief exists under Executive Law § 63(12), General Business Law §§ 349, 350 and CPLR Sections 6301 and 6313, and that Respondents have engaged in repeated and persistent illegal, fraudulent and deceptive acts and practices which have caused and will continue to cause immediate and irreparable injury to members of the public; AND IT APPEARING therefrom that immediate and irreparable injury, loss and damages will result, and the potential dissipation of Respondents’ assets would tend to render a judgment of restitution ineffectual unless Respondents are temporarily restrained from transferring, selling or otherwise disposing of any of the assets owned by Respondents in the State of New York until a hearing on the Petition can be had, ORDERED that pending the hearing of this special proceeding, Respondents are hereby temporarily restrained from transferring, selling or otherwise disposing of any assets owned, possessed or controlled by Respondents in the State of New York, with the exception of $500.00 a day for Respondents’ daily living expenses, and it is further ORDERED that pending the hearing and determination of this special proceeding, and to protect the public and the animals in Respondents’ care from likely damaging consequences, Respondents, their agents, employees, successors, and assigns, and any other person under their direction and control, whether acting individually or in concert with others, or through any FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 corporate or other entity or device, are hereby temporarily restrained, pursuant to Executive Law § 63(12), GBL § 349, and CPLR §§ 6301 and 6313 from purchasing or otherwise obtaining any live animal for re-sale in New York that is not already currently in the care and custody of the Respondents; and it is further ORDERED that in consideration of the well-being of the animals already purchased by the Respondents for sale to the public, Respondents are permitted to accept delivery and/or otherwise take possession of any animals who were purchased and/or ordered prior to the entry of this order to show cause, and Respondents are permitted to sell those animals and any already in Respondents’ possession provided the following conditions are met: a. Respondents must produce to the Court and the Petitioners a full inventory of the puppies already purchased and not yet sold, including puppies scheduled to be transported to any store, identifying the store in which the animal is located and the date the store acquired the animal or will be acquiring the animal; b. Assigning a monitor to oversee the sales of animals and placing any monies received from those sales into an escrow account, with any release of funds from that escrow account being subject to approval of the Petitioners; c. Until further order of this Court, Respondents must produce a weekly sworn affidavit to the Court and the Petitioners identifying the location and/or disposition status of all animals identified in paragraph (a). Respondents must certify that any animals sold to consumers in that time frame were examined by an independent veterinarian, approved by Petitioners, and found to be fit for sale, that all required disclosures were made to consumers, and that no other illegalities described in the petition occurred; and d. Violations of paragraphs (a) through (c) above, to include any underlying violation in the sale of an animal during the enforcement of this temporary restraining order, shall constitute a violation of this order and subject the Respondents to contempt proceedings pursuant to the Judiciary Law. ORDERED that Respondents shall provide to Petitioners, within twenty-four (24) hours after service of this Order, a list that identifies all New York assets for each Respondent and the names and addresses of all banks, savings and loan associations and other financial depositories FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 located inside and outside of New York at which Respondents maintain any account(s) or have the right to have funds credited to them in any account(s), together with the account numbers and titles, and it is further ORDERED that upon service of a copy of this Order upon said bank or depository, it is hereby temporarily restrained until further order of the Court from paying out, transferring, or setting off or assigning to themselves or to any other person or firm such funds, with the exception of $500 a day for Respondent’s daily living expenses, and it is further ORDERED that upon service of a copy of this Order upon Bank of America, said bank is hereby temporarily restrained until further order of the Court from paying out, transferring, or setting off or assigning to themselves or to any other person or firm such funds including, but not limited to, funds held in Bank of America, account numbers 004833821371; 483047185217; and it is further ORDERED that upon service of a copy of this Order upon Chase Bank, said bank is hereby temporarily restrained until further order of the Court from paying out, transferring, or setting off or assigning to themselves or to any other person or firm such funds including, but not limited to, funds held in Chase Bank, account numbers 6901521229; 204001853665; 204001853601; 204606412601; 204609012101; 204609014801; and SUFFICIENT CAUSE appearing to me therefore, LET personal service of one copy of this order and supporting papers upon Respondents, on or before the _____th day of ___________2021, by personally serving their attorney, Richard Hamburger, of Hamburger, Maxson, Yaffe, & Martingale, LLP, by leaving a true copy at 225 FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 Broadhollow Road, Suite 301E, Melville, NY 11747, which is attorney Hamburger’s place of business be deemed due and sufficient service on all Respondents hereof; and Pursuant to CPLR § 403(b), answering papers, if any, are required to be served on the Petitioners’ Nassau Regional Office at least two days before the return date of this special proceeding. If, however, this Order to Show Cause is served at least twelve days before the return date, answering papers, if any, are required to be served at least seven days before the return date. Dated: Mineola, New York December 16 th, 2021 ENTER _______________________________ J.S.C. FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 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, AFFIRMATION Petitioner, Index No. -against- IAS Part Assigned to Justice 5 CORNERS PET, INC.; RISK ENTERPRISES, INC. d/b/a SHAKE-A-PAW, and GERARD O’SULLIVAN and MARC JACOBS, both individually and as owners of Shake-A-Paw, Respondents. _________________________________________________ CHRISTINA H. BEDELL, an attorney duly admitted to practice in the courts of the State of New York, affirms the truth of the following under penalty of perjury. 1. I am an Assistant Attorney General in the Nassau Regional Office of the Attorney General of the State of New York (“NYAG”). I am familiar with the facts and circumstances of this action. 2. The facts set forth in this Affirmation are based upon information contained in the files of the Attorney General and are believed to be true and correct. 3. 5 Corners Pet, Inc. and Risk Enterprises, Inc. are New York for profit corporations doing business as Shake-A-Paw. Shake-A-Paw is a pet dealer licensed by the New York State Department of Agriculture and Markets. 5 Corners Pet, Inc. FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 and Risk Enterprises, Inc. operate two retail pet stores in New York under the name Shake-A-Paw: Shake-A-Paw 1 Atlantic Avenue Lynbrook, New York 11563 Shake-A-Paw 285 S. Broadway Hicksville, New York 11801 4. Respondent Gerard O’Sullivan is a New York resident, and is the co- owner of Shake-A-Paw and has overseen and been responsible for the operations of all its store locations. Respondent Gerard O’Sullivan formulated, directed, controlled, and participated in the unfair and deceptive acts and practices of Shake- A-Paw. 5. Respondent Marc Jacobs is a New York resident, and is the co-owner of Shake-A-Paw and has overseen and been responsible for the operations of all its store locations. Respondent Marc Jacobs formulated, directed, controlled, and participated in the unfair and deceptive acts and practices of Shake-A-Paw. 6. Collectively, 5 Corners Pet, Inc., Risk Enterprises, Inc., Gerard O’ Sullivan and Marc Jacobs are hereinafter referred to as “Respondents.” INTRODUCTION 7. Beginning in about 1994, Respondent began operating as a retail pet store, Shake-A-Paw. Exhibit A Entity Information from the NYS Department of State. Respondents currently have two retail locations at 1 Atlantic 2 FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 Avenue Lynbrook, New York and 285 S. Broadway, Hicksville, New York. Id. Respondents are pet dealers licensed by the New York State Department of Agriculture and Markets and sell various breeds of dogs. 8. Respondents maintain the website www.longislandpuppies.com, which they use to solicit consumers. Respondents make numerous misrepresentations on this website, in their contracts, as well as in their communications with consumers, as to the health, breeding and pedigree of the dogs offered for sale, the source of the dogs, and other material facts. Respondents have violated the Pet Lemon Law, GBL §§ 753, 753-A, 753-B, 753-C and 754, by failing to provide consumers with notices and documentation required under the law and by failing to honor consumers’ rights to obtain redress under the law by selling animals that are unfit for purchase, and by failing to honor consumers’ rights to obtain redress under the law. Respondents’ conduct constitutes false advertising and deceptive business practices in violation of GBL §§ 349 and 350, and persistent and repeated fraud and illegality in violation of Executive Law § 63(12). 1 9. The Attorney General commenced this proceeding to enjoin Respondents from engaging in deceptive, fraudulent, and illegal practices, to obtain restitution and damages for consumers injured by Respondent’s business practices, and to obtain civil penalties and costs. 1 Additional details of Respondents’ fraud and illegality are set forth in detail in the verified complaints which are included in support of Petitioners’ Order to Show Cause and Verified Petition. 3 FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 10. In support of this Affirmation and proceeding, the NYAG submits the following: A) Affidavit of Katty Alvarez, with attachments; B) Affidavit of Danielle Fasano, with attachments; C) Affidavit of Valeria Fishelman-Crowther, with attachments; D) Affidavit of Linda Jean-Louis, with attachments; E) Affidavit of Lloyd Malsin, with attachments; F) Affidavit of Heidi Spellman, with attachments; G) Affidavit of Joann Vaglica, with attachments; H) Affidavit of Johanna Valencia, with attachments; I) Affidavit of Lisa Tassinari, with attachments; J) Affidavit of Camille Stanislaus, with attachments; K) Affidavit of Dawn Maldonado, with attachments; L) Affidavit of Adam Weiss, with attachments; M) Affidavit of Kenneth Webb, with attachments; N) Affidavit of Ronald Guido, with attachments; O) Affidavit of Stacey Schenone, with attachments; P) Affidavit of Kim Karachannas, with attachments; Q) Affidavit of Melissa Attias, with attachments; R) Affidavit of Brianne Richards, with attachments; S) Affidavit of Jason Brill, with attachments; T) Affidavit of Stephen Cohen, with attachments; 4 FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 U) Affidavit of Erin Laxton, with attachments; V) Affidavit of Meaghan Huber, with attachments; W) Affidavit of Damon Lee, with attachments; X) Affidavit of Edith Lopez, with attachments; Y) Affidavit of Robin Miller, with attachments; Z) Affidavit of Valentina Moyano, with attachments; AA) Affidavit of Nicole Piccini, with attachments; BB) Affidavit of Milana Khavasova, with attachments; CC) Affidavit of Janice Valenti, with attachments; DD) Deposition of Dr. Gregory Nelson, DVM, Exhibit B; EE) Bank checks, Exhibit C; FF) Humane Society Horrible Hundred Reports (2014, 2017, 2019, and 2021), Exhibit D; GG) Report by the New York City Bar Association in Support of the NYS Ban on Pet Shop Animal Sales (March 30, 2021), Exhibit E; HH) USDA List of Active Licensees and Registrants as of November 2021, Exhibit F; II) Puppy Mill Pipeline from the ASPCA, Exhibit G; JJ) Certificates of Veterinary Inspection, Exhibit H; KK) Veterinary Records of Central Veterinary Associates, Exhibit I; West Hills Animal Hospital, Exhibit J; Carman Avenue Veterinary Associates, Exhibit K, and Sunrise Animal Hospital, Exhibit L. 5 FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 LL) Shake A Paw Records, Exhibit M MM) Small Claims Court Records, Exhibit N. NN) United States v. Daniel Gingerich, Exhibit O OO) Puppy Mills, Exhibit P FACTS A. The Attorney General’s Investigation 11. From 2016 to the present, the NYAG has received 82 complaints from consumers regarding Respondents’ business practices for puppies sold from 2016 to present. The New York Better Business Bureau has received approximately 22 similar complaints in the past three years. 12. On or about January 2016, the NYAG instituted an investigation into Respondents’ business practices after receiving numerous consumer complaints involving violations of New York’s Pet Lemon Law, GBL §§ 753, 753-A, 753-B, 753-C and 754. The NYAG subpoenaed Respondents’ records on January 13, 2016. In response to our subpoena, Respondents argued that the subpoena should be narrowed to apply only to records of consumers who filed complaints with our office. Respondents refused to provide any other documentation requested. On or about March 8, 2016, Respondents further responded to the NYAG subpoena with the information that Dr. Laurence Blauvelt of Carman Avenue Veterinary Hospital and Dr. William Seader of Sunrise Animal Hospital were their attending veterinarians. Respondents’ attending veterinarians issued Health Certificates, as required by New York General Business Law (“GBL”) Article 35-D, 6 FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 certifying that the animal was examined and found to be in good health prior to sale. Respondents directed consumers to their attending veterinarians when a puppy was sick, and falsely represented that consumers were required to use one of their attending veterinarians in order to have any veterinary costs reimbursed. See Deposition of Dr. Nelson, page 21; Affidavit of Stacey Schenone; Affidavit of Katty Alvarez; Affidavit of Danielle Fasano; Affidavit of Linda Jean-Louis; Affidavit of Heidi Spellman. 13. On or about May 20, 2016, NYAG subpoenaed records from Carman Avenue Veterinary Hospital and Sunrise Animal Hospital. Both veterinary practices refused to comply with our subpoena and a motion to compel was filed to compel production. That case was resolved with an agreement by both veterinarians to provide records pursuant to the subpoena. A third veterinarian, West Hills Animal Hospital, was subsequently found to be an attending veterinarian of Respondents, and NYAG issued a subpoena to them on or about February 5, 2018. West Hills Animal Hospital agreed to provide only documents relating to hospitalized or severely ill puppies purchased from Shake-A-Paw. 14. Central Veterinary Associates was an attending veterinarian for Respondents from approximately 1999 to 2015 when the relationship ended. See Deposition of Dr. Nelson, DVM page 22. 15. Throughout this time, from 2016 to date, the NYAG continued to receive consumer complaints regarding Respondents’ deceptive business practices. 7 FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 16. On or about July 10, 2019, the NYAG served Respondents with another subpoena, which Respondents complied with. A subpoena for additional records was served on Respondents on or about February 4, 2021. Additional subpoenas were also served on West Hills Animal Hospital, Sunrise Animal Hospital, and Central Veterinary Associates on or about February 4, 2021. A subsequent subpoena was also sent to Carman Avenue Veterinary Hospital on or about May 3, 2021. On May 7, 2021, Dr. Gregory Nelson, DVM a licensed veterinarian with 25 years’ experience and principal at Central Veterinary Associates, provided sworn testimony, which supported the information contained in consumer complaints regarding Respondents’ deceptive acts and practices. See Exhibit B. 8 FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 B. Respondents Falsely Advertised the Highest Quality and Healthiest Puppies 17. Through online advertising at: www.longislandpuppies.com, Respondents advertise that it sells “the highest quality, healthiest, and friendliest puppies.” www.longislandpuppies.com/about-us. 18. Furthermore, Respondents state that they work with “the most trusted breeders nationwide and handpick the best of the bunch.” www.longislandpuppies.com. and that that they “work with the most reputable breeders in the country.” Id. At various places on Respondents’ web site, 9 FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 Respondents state that they offer “an unbeatable health guarantee” and “an incredible, unmatched health guarantee.” Id. Throughout Respondents’ website, they state that their puppies are “healthy, friendly, and adorable.” Id. https://www.longislandpuppies.com/faqs. 19. Consumers relied on these online representations when they purchased puppies from Respondents, believing these puppies to be healthy. In fact, Respondents touted their “incredible, unmatched health guarantee” as a reason for consumers to purchase from them, as opposed to buying a puppy from a breeder. 10 FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 Id. 20. Consumers relied on these representations and believed that Respondents’ puppies came from humane breeders, as opposed to puppy mills 2, and that, by purchasing puppies from Respondents, they were not supporting inhumane breeding practices. 21. Respondents’ representations about the puppy health and breeder history were far from truthful. As discussed below, Respondents sold puppies that had serious illnesses, with some puppies passing away within days or weeks after purchase. See Affidavit of Lloyd Malsin; Affidavit of Janice Valenti; Affidavit of Erin Laxton; Affidavit of Linda Jean-Louis. Additionally, Respondents 2 A puppy mill is a commercial farming operation in which purebred dogs are raised in large numbers and often in substandard or poor conditions. Merriam-Webster. The Humane Society defines a puppy mill as an inhumane high-volume dog breeding facility that churns out puppies for profit, ignoring the needs of the pups and their mothers. Dogs from puppy mills are often sick and unsocialized. https://www.humanesociety.org/all-our-fights/stopping-puppy-mills. 11 FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 sold puppies that did not come from reputable breeders as advertised, but instead, came from known puppy mills. C. Respondents’ Deceptive and Unlawful Business Practices (i) Respondents Sold Sick Puppies to Consumers 22. Respondents repeatedly represented to consumers that the puppies they were selling were healthy. However, many of the puppies sold to consumers were actually ill at the time of purchase and/or began showing signs of illness, shortly thereafter. Dr. Nelson described this in his deposition: Q: So I'm just going to take a little bit of what you said piece by piece. Now, I know you said way too many were sick. Can you put a number to that if you had to? A: Wow, certainly more than 2/3rds. And with the records that I have here that you've requested, your office has requested, I actually wrote down the number out of curiosity because you have 79 records -- I don't know if you care for me to repeat that -- I have 79 records here, 10 were what I would consider healthy. Q: In your opinion, that's an alarming number, right? A: That's very disturbing. Q: Why is that very disturbing? A: Well, it's one of two things. Either they directed the sicklies to come here at a discounted rate or they -- or if that is a true representation of what they're sending out, that's alarming. No animal should, you know, be sold, no animal should go into another person's possession, adoption, sold, etcetera, with any serious illness. See Deposition of Dr. Nelson, DVM page 42. 12 FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 Conditions Observed in Shake A Paw Puppies Parvo Diarrhea Blood in stool Pneumonia Parasites (Giardia 74, Oocyst 21, Coccidia 9, mange 1) Coughing & sneezing Bronchitis Kennel cough/ ITB Limping Heart defect URI Died breathing problems Patella defect Vomit Congenital defect other Breakdown of Sick Puppies from Veterinary Records and Consumer Complaints Received by the NYAG 23. Respondents repeatedly sold puppies that were suffering from serious physical injuries or contagious or infectious diseases, including but not limited to parvovirus, parasites (including but not limited to coccidia and giardia), mange, acute respiratory infection, kennel cough, and pneumonia. See Affidavit of Ronald Guido; Affidavit of Adam Weiss; Affidavit of Lisa Tassinari; Affidavit of Daniella Fasano; Affidavit of Katty Alvarez; Affidavit of Valeria Fishelman- Crowther; Affidavit of Lloyd Malsin; Affidavit of Heidi Spellman; Affidavit of Johanna Valencia; Affidavit of Robin Miller. 24. Respondents also sold puppies with congenital defects such as life-threatening heart conditions and limb deformities, including patellar luxation. 13 FILED: NASSAU COUNTY CLERK 12/16/2021 01:55 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/16/2021 See Affidavit of Kenneth Webb, whose puppy suffered multiple seizures and was admitted to the ER severely ill due to a congenital birth defect; Affidavit of Linda Jean-Louis, whose puppy passed away due to a heart murmur; Affidavit of Joann Vaglica, whose puppy suffered from numerous seizures; Affidavit of Nicole Piccini, whose puppy suffered from difficulty breathing due to a congenital defect, which required surgery to correct. 25. Respondents sold dogs with other, various signs of serious illnesses such as bloody stool, loss of appetite, vomiting, and lethargy. In several cases, consumers reported that these sick puppies died shortly after purchase. “I took my puppy home on October 10, 2020, and named her Stella. The day I brought her home, she ate a small amount of food and was playful and acting like a normal puppy, exploring our house. By the next day, however, Stella’s appetit