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MATTER OF JAMES N. v. D'AMICO

139 A.D.2d 302 (1988)

In the Matter of James N., Petitioner, v. Michael L. D'Amico, as Judge of The Erie County Court Eighth Judicial District, et al., Respondents

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

July 7, 1988

Attorney(s) appearing for the Case

Joel L. Daniels (Rosemarie A. Wyman and Leigh E. Anderson of counsel), for petitioner.

Richard J. Arcara, District Attorney, respondent pro se.

Robert Abrams, Attorney-General (Paul McCarthy of counsel), for Michael L. D'Amico, respondent.

LAWTON and DAVIS, JJ., concur with DENMAN, J. P.; BOOMER and PINE, JJ., concur in an opinion by BOOMER, J.

DENMAN, J. P.

In this original CPLR article 78 proceeding in the nature of prohibition, petitioner challenges a determination of respondent County Judge D'Amico which granted the application of respondent District Attorney for an order directing petitioner to provide a dental cast impression to aid authorities in investigation of a homicide. Petitioner concedes that the court had jurisdiction to hear the application...

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