Burgel v. Burgel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Balletta, J.
Both parties seek custody of their two children in a pending divorce action. To this end, the defendant claims that the plaintiff used, and continues to use, cocaine. Although the plaintiff concedes that she used cocaine, she claims to have ceased using it a number of months ago. The defendant sought to have a physician cut several strands of the plaintiffs hair in order to perform a radioimmunoassay (hereinafter RIA) test and confirmatory tests on it to determine whether the plaintiff has continued to use cocaine. The theory behind the test is that cocaine…
2Cases cited8 opinions
- Eschbach v. EschbachNew York Court of Appeals · 1982
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
- Hoenig v. WestphalNew York Court of Appeals · 1981
- Rosenblitt v. RosenblittAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by19 opinions
- Oken v. StateCourt of Appeals of Maryland · 1996
- Kaplansky v. KaplanskyAppellate Division of the Supreme Court of the State of New York · 1995
- Garvin v. GarvinAppellate Division of the Supreme Court of the State of New York · 1990
- Nevada Employment Security Department v. HolmesNevada Supreme Court · 1996
- United States v. MedinaDistrict Court, E.D. New York · 1990
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