Matter of Miller v. Foley

Proceeding pursuant to CPLR article 78 in the nature of prohibition and mandamus to prohibit the enforcement of an order of the respondent Elizabeth A. Foley, an Acting Justice of the Supreme Court, Kings County, dated August 22, 2016, in a criminal action entitled People v Miller, pending in that court under indictment No. 2388/16, which granted the motion of the respondent District Attorney, Kings County, to compel the petitioner to submit to a buccal swab for the purpose of DNA testing, and to compel the respondent Elizabeth A. Foley to determine the petitioner’s motion for a protective…