Article 63-A Extreme Risk Protection Orders

Question 2

 CPLR 6340(2)
In an application for an extreme risk protection order (a court order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun) who does not have authority to petition the court for such an order?
(a)   a police officer;
(b)   a family or household member;
(c)   a probation officer;
(d)   a social worker.

Answer 2

 Answer: (c)                                                                        (New, 2022)
Correct answer is (c) per CPLR6340(2). A probation officer is a peace officer, not a police officer (see Criminal Procedure Law 1.20 and 2.10).

Question 3

 CPLR 6348
A health care provider who applies for an extreme risk protection order (a court order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun), involving a patient of that health care provider
(a)   is liable for breaching patient/provider confidentiality;
(b)   must apply for the extreme risk protection order anonymously;
(c)   is not listed in CPLR6340(2)as one who has authority to make such an application;
(d)   is not liable for any civil or criminal liability with respect application.

Answer 3

  Answer (d)                                                                         (New, 2022)
The correct answer is (d) per CPLR 6348. A health care provider is listed as a possible applicant for an extreme risk protection order under CPLR6340(2).

Question 4

CPLR 6341
A petitioner may file an application, which shall be_________, and accompanying supporting documentation setting forth the facts and circumstances justifying the issuance of an extreme risk protection order.

Answer 4

Answer: CPLR 6341

SWORN

Question 5

CPLR 6341
Provided, however, that a petitioner who is a police officer or district attorney shall file such application upon the receipt of __________ information that an individual is likely to engage in conduct that would
result in ______ harm to himself, herself or others, unless such petitioner determines that there is no_________ _________ for such filing.

Answer 5

CPLR 6341

credible

serious

probable cause

Question 6

CPLR 6341
Such application and supporting documentation shall be filed in the _______ _____ in the county in which the _________ _______.

Answer 6

CPLR 6341

Supreme Court

respondent resides

Question 7

CPLR 6342
The court will hold a hearing no
sooner than _____ nor more than ___ business days after service of the
temporary order, to determine whether a final extreme risk protection
order will be issued and the date, time and location of such hearing.

Answer 7

CPLR 6342

three

six

Question 8

CPLR 6342

Upon request, the respondent shall be entitled to more than ___ days in order to prepare for the hearing.
The respondent she may/must seek the advice of an attorney and that an attorney should be consulted promptly.

Answer 8

CPLR 6342

six

may

Question 9

CPLR 6342
If the application for a temporary extreme risk protection order is not granted, the court shall notify the petitioner and, unless the application is voluntarily withdrawn by the petitioner, nonetheless schedule a hearing on the application for a final extreme risk protection order. Such hearing shall be scheduled to be held promptly, but in any event no later than _____ business days after the date on which
such application is served on the respondent.

Answer 9

CPLR 6342

ten

Question 10

CPLR 6343
No sooner than _____ business days nor
later than______ business days after service of a temporary extreme risk protection order and, alternatively, no later than _____ business days after service of an application under this article where no temporary extreme risk protection order has been issued, the supreme court shall
hold a hearing to determine whether to issue a final extreme risk
protection order and, when applicable, whether a firearm, rifle or
shotgun surrendered by, or removed from, the respondent should be
returned to the respondent.

Answer 10

CPLR 6343
three, six
ten

Question 11

CPLR 6343
The respondent shall be entitled to more
than ______ business days if a temporary extreme risk protection order has
been issued and the respondent requests a reasonable period of additional time to prepare for the hearing. Where no temporary order has been issued, the respondent may request, and the court may grant additional time beyond the _____ days to allow the respondent to prepare
for the hearing.

Answer 11

CPLR 6343

six, ten

Question 12

CPLR 6343
At the hearing pursuant to subdivision one of this section, the petitioner shall have the burden of proving, by _____ ___ ________ ________, that the respondent is likely to engage in conduct that would result in serious harm to himself, herself or others.

Answer 12

CPLR 6343

clear and convincing evidence

Question 13

CPLR 6343
An extreme risk protection order issued in accordance with this section shall extend, as specified by the court, for a period of up to _____ _____from the date of the issuance of such order; provided, however,
that if such order was immediately preceded by the issuance of a
temporary extreme risk protection order, then the duration of the
extreme risk protection order shall be measured from the date of
issuance of such temporary extreme risk protection order.

Answer 13

CPLR6343

one year

Question 14

CPLR 6343
The court shall notify the division of state police, any other law enforcement agency with jurisdiction, all applicable licensing
officers, and the division of criminal justice services of the issuance of a final extreme risk protection order, amending order or revocation of order and provide a copy of such order to such persons and agencies no later than the ________ _________ ______
after issuing the order.

Answer 14

CPLR 6343

next business day

Question 15

CPLR 6343
The respondent shall be notified on the record and in writing by the court that he or she may submit one written request, at any time during the effective period of an extreme risk protection order, for a
hearing setting aside any portion of such order. The request shall be
submitted in substantially the same form and manner as prescribed by the
chief administrator of the courts. Upon such request, the court shall
promptly hold a hearing, in accordance with this article, after providing reasonable notice to the petitioner. The petitioner/respondent shall bear the burden to prove by _____ ___ _________ evidence, any change of
circumstances that may justify a change to the order.

Answer 15

CPLR 6343

respondent
clear and convincing

Question 16

CPLR 6345.
Ifa petitioner believes a person subject to an extreme risk protection order continues to be likely to engage in conduct that would result in serious harm to himself, herself, or others, such petitioner may, at any time within _____ days prior to the
expiration of such existing extreme risk protection order, initiate a request for a renewal of such order, setting forth the facts and circumstances necessitating the request.

Answer 16

CPLR 6345

60 days prior to the expiration

Question 17

CPLE 6346
A protection order issued pursuant to this article, and all records of any proceedings conducted pursuant to this article, shall be _______ upon expiration of such order and the _____ __ ___ _____ wherein such
proceedings were conducted shall immediately notify the commissioner of
the division of criminal justice services, the heads of all appropriate police departments, applicable licensing officers, and all other appropriate law enforcement agencies that the order has expired and that the record of such protection order shall be sealed.

Answer 17

CPLR 6346

sealed

clerk of the court