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ELIAS v. KELLY

56 A.D.3d 283 (2008)

867 N.Y.S.2d 84

In the Matter of LOU-ANN ELIAS, Petitioner, v. RAYMOND KELLY, as Police Commissioner of the City of New York, et al., Respondents.

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

November 13, 2008.

Petitioner was present in the home of her estranged husband, where she had reason to believe marijuana plants were being grown, as evidenced by her admission that he was evasive about a room in the basement that was always kept locked and had told her about the idea to grow marijuana in the basement at least one or two weeks earlier. Given these facts and petitioner's use of the garage, which was in close proximity to the growing...

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