Notable Cases & Transactions
MR&T Attorney Thomas J. Fucillo (and former DEC Region 7 Regional Attorney) is representing licensed wildlife rehabilitator Cindy McGinley, owner of Rivendell Farm in the Town of Sullivan, in a proceeding to nullify a determination by DEC which denied her a permit to possess two does and which required that one be euthanized and the other released or euthanized. Deirdre is five years old and came to Cindy when she was found by a neighbor, only hours old. The second doe, Lily, is permanently blind. Lily lost her eyesight due to malnourishment in the wild and came under Cindy’s care when she was three months old. Although it was hoped that the blindness would be temporary, Lily is now a year old and it is now clear that the condition is permanent. Lily relies heavily on Deirdre (and Cindy). Cindy rehabilitated both does back to health, but did not release them believing that neither were adequately equipped to live in the wild. A DEC officer informed her that she could not lawfully possess them without a permit to possess wildlife. She immediately applied for that permit but it was denied because DEC considered her to be in violation of her rehabilitation license because she did not have a permit! During the argument of the Article 78 proceeding to be heard on Tuesday, September 8 at 10:30 a.m. by Hon. Donald F. Cerio, Jr. in Madison County Supreme Court in Wampsville, Tom Fucillo, will argue that the denial was arbitrary and capricious and had no rational basis in fact.
MENTER, RUDIN & TRIVELPIECE, P.C.
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