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GUILDER v. TOWN OF FALLSBURGH

25 A.D.2d 338 (1966)

Mary Van Guilder, as General Guardian of Helen M. Dobbs, and Administratrix of The Estate of Gerald Dobbs, Deceased, Appellant, v. Town of Fallsburgh, Respondent Ronald Walton, Plaintiff, v. Town of Fallsburgh, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 6, 1966.

Attorney(s) appearing for the Case

Louis B. Scheinman and Frank Felleman for Mary Van Guilder, appellant.

Seymour A. Kesten for Ronald Walton, plaintiff.

Gerald Orsek for Town of Fallsburgh, respondent.

GIBSON, P. J., HERLIHY, REYNOLDS and AULISI, JJ., concur.

TAYLOR, J.

This is an appeal from an order of the Supreme Court at Special Term denying the motion of plaintiff Van Guilder in Action No. 1 to suppress the use by defendant of certain evidence obtained from an alleged unauthorized clinical test of the blood of the intestate driver for the purpose of determining its alcoholic content.

Concededly, there is no statutory authorization for the entertainment of a pretrial motion to suppress evidence...

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