# Brown v. Monserrate

> Appellate Division of the Supreme Court of the State of New York · December 13, 1984 · 106 A.D.2d 754

URL: https://www.frixlaw.com/law-library/cases/5873901

## Case

- **Full name:** In the Matter of Larry J. Brown v. Patrick D. Monserrate, as Tompkins County Judge
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 13, 1984
- **Citations:** 106 A.D.2d 754; 484 N.Y.S.2d 502; 1984 N.Y. App. Div. LEXIS 21684
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5873901

## Opinion text

—Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to CPLR 506, subd [b], par 1) to prohibit respondents from enforcing a search warrant.
When this proceeding was first before us, we withheld determination and remitted the matter to the trial court for a hearing concerning the conclusiveness and probative value of the enzyme phenotyping procedure and microscopic comparison of human hair analysis sought by the police ( 104 AD2d 696 ).
The People have now advised that petitioner has been indicted and that efforts to obtain the physical samples in question by search warrant prior to indictment are therefore being discontinued. Accordingly, the instant proceeding has been rendered moot and petitioner requests that it be withdrawn.
Proceeding withdrawn and discontinued by consent, without costs. Kane, J. P., Main, Yesawich, Jr., and Harvey, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5873901. Public record. Not legal advice.