General
In the Matter of Jose Villaman, Petitioner, v. William K. Nelson et al., Respondents
160 A.D.2d 1012·New York Supreme Court, Appellate Division·1990·NY
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Opinion
In the Matter of Jose Villaman, Petitioner, v William K. Nelson et al., Respondents.
[MAJORITY]
Proceeding pursuant to CPLR article 78, inter alia, (1) to prohibit the respondent Nelson, a Judge of the County Court, Rockland County, from issuing an order authorizing the District Attorney of Rockland County to take samples of blood from the petitioner against his will in connection with the investigation into the death of Arsenio Velez, (2) to prohibit the respondent District Attorney from taking hair samples from the petitioner against his will pursuant to an order of the respondent Nelson dated March 29, 1990, and submitting for analysis the blood samples drawn from the petitioner on March 14, 1990, pursuant to an order of Judge Nelson dated March 8, 1990, and (3) to direct the respondent District Attorney to return those samples to the petitioner or his attorney and, in the event laboratory tests, analysis or comparisons have already been performed with respect to those blood samples, to prohibit the use of any reports generated.
Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements, and any temporary stays are vacated (see, Matter of Thomas v Nelson, 160 AD2d 1010 [decided herewith]). Mangano, P. J., Thompson, Bracken and Brown, JJ., concur.