The rise of the Planet of the Apes will have to wait a little longer, after a state appeals court Thursday ruled against granting personhood to a pair of upstate chimpanzees.

The Nonhuman Rights Project asked the five-judge panel to grant a writ of habeas corpus — a latin term used to refer to the legality of human confinement — to chimps Tommy and Kiko.

The group wants the pair of primates to live on a 15-acre sanctuary in Fort Pierce, Fla., called “Save the Chimp” — rather than being caged at the private properties where they are each held now.

But the New York State Supreme Court Appellate Division ruled to uphold a lower court’s decision to keep the two animals where they are, as there is no precedent for springing an animal from captivity under the concept of habeas corpus.

The Nonhuman Rights Project has argued in court papers, “that chimpanzees exhibit many of the same social, cognitive and linguistic capabilities as humans and therefore should be afforded some of the same fundamental rights as humans.”

But the judges argued in their decision, “The asserted cognitive and linguistic capabilities of chimpanzees do not translate to a chimpanzee’s capacity or ability, like humans to bear legal duties, or to be held legally accountable for their actions.”

The two chimps were originally trained to perform for TV shows and movies.

Tommy is believed to be in his late 30s and lives in a cement and steel cage in a warehouse in upstate Gloversville, the project says.

Kiko, who is in his early 30s, lives in a Primate Sanctuary in Niagra Falls.

The Nonhuman Rights Projects, however, says it’s not really a sanctuary, but rather a storefront in a crowded residential area.

Kiko was beaten by his former trainer to the point that he partially lost hearing, according to the group.

Steven Wise, who heads the group, has lost three times in other New York county courts and has been fighting for Tommy and Kiko since 2013.

Kiko’s owner Carmen Prestie said she wasn’t surprised by the ruling and that the animal group was “beating a dead horse.” Lawyers for Tommy’s owner were not available for comment.

The Nonhuman Rights Project said it intends to “seek appeal of this decision to New York’s highest court, the Court of Appeals.”