Thomas v. Nelson

Proceeding pursuant to CPLR article 78, inter alia, to prohibit the respondent Gribetz from drawing blood samples from the petitioner pursuant to orders of the respondent Nelson dated March 8, 1990, March 21, 1990, and March 29, 1990, respectively, in connection with the investigation into the death of Arsenio Velez.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements, and any temporary stays are vacated.

It is well settled that a proceeding pursuant to CPLR article *101178 seeking relief in the nature of a writ of prohibition may be brought by a…