MATTER OF MARINO v. KAHN


49 A.D.3d 741 (2008)

855 N.Y.S.2d 560

In the Matter of JAYSON MARINO, Petitioner, v. BARBARA KAHN et al., Respondents.

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

Decided March 18, 2008.


Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements; and it is further,

Ordered that the temporary stay granted on consent of the parties on November 21, 2007 is vacated.

It is well settled that "a court order to obtain a blood sample of a suspect may issue provided the People establish (1) probable cause to believe the suspect has committed the crime, (2) a `clear indication' that relevant material evidence...

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