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Decided on November 30, 2006
Supreme Court, Queens County

7888/2006
Peter J. Kelly, J.
Juniper Park Civic Association Inc. ("JPCA"), a non-for-profit corporation formed in 1942, has instituted this special proceeding, sounding in mandamus, to compel respondents to enforce section 165.05 of the New York City Health Code [24 RCNY] and section 1-04 of the Rules of the New York City Department of Parks and Recreation [54 RCNY]. Additionally the petitioner seeks the court to direct respondents to "cease and desist the active encouragement and promotion" of violation of section 165.05 of the New York City Health Code.
In the words of its current president, JPCA is a civic organization "dedicated to preserving the quality of life in and around Middle Village, Elmhurst and Maspeth, Queens County". The name of the organization is derived from a New York City park, Juniper Valley Park, located in Middle Village, Queens.
The respondents are responsible for, among other things, maintaining, policing and administrating New York City parks, including Juniper Valley. Another entity, the New York Council of Dog Owner Groups ("NYCDOG"), a not-for-profit corporation that describes itself as an umbrella organization for various dog owner groups, has filed a cross-motion to intervene.
The specific Health Code and Park Rules cited above govern the walking of dogs in New York City and, among other things, prohibit dogs from being present in parks without being leashed. Specifically, New York City Health Code

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