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KELLOGG v. TRAVIS

188 Misc.2d 164 (2001)

728 N.Y.S.2d 645

PAUL KELLOGG, Plaintiff, v. BRION D. TRAVIS, as Chairman of the New York State Board of Parole, et al., Defendants.

Supreme Court, New York County.

May 18, 2001.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Edward Rodriguez of counsel), for defendants.

Sturim & Nizin, Kew Gardens (Allan Sturim of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD F. BRAUN, J.

This is an action for a declaratory judgment to declare Executive Law § 995 (7), as amended, unconstitutional as applied to plaintiff and others similarly situated, and to order that defendant Katherine N. Lapp return to plaintiff his blood samples, DNA record, and reports based thereon, and retrieve and turn over to plaintiff all such blood samples, his DNA record, and reports distributed to any other agency...

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