Preview
FILED: SUFFOLK COUNTY CLERK 01/27/2023 09:23 AM INDEX NO. 602136/2023
NYSCEF DOC. NO. 1 New York State Unified Court System RECEIVED_nycoIfrts!ov
NYSCEF: 01/27/2023
.,
UCS-6341 09/2022
. Application for a Temporary
Extreme Risk Protection Order nycourthelp.gov
Supreme Court
SUFFOLK 8 County
PO BIANCO Index Number:
Petitioner (applying party)
-against-
AF(MINOR)
Respondent (against party)
The petitioner, being a:
O Police Officer, as defined in CPL § 1.20; or
O District Attorney with jurisdiction in the county or city where the respondent resides; or
O Family or household member of the respondent, as defined in Social Services Law
§ 459-a(2)¹; or
O Principal or other chief school officer or their designee named in writing of any school in which
the respondent is currently enrolled or has been enrolled in the past six months; or
O Licensed physician, licensed psychiatrist, licensed psychologist, registered nurse, licensed
clinical social worker, certified clinical nurse specialist, certified nurse practitioner, licensed
clinical marriage and family therapist, registered professional nurse, licensed master social
worker or licensed mental health counselor and having treated the respondent within the
previous six months.
Residing or doing business at:
Address: 727 Veterans Memorail HWY Smithtown NY 11787
Phone: 631-854-8400
Cell:
Email: THOMAS.BIANCO@SUFFOLKCOU
1 Social members"
Services Law 459-a(2): "Family or household mean the following individuals:(a) persons related
by consanguinity or affinity;(b) persons legallymarried to one another; (c) persons formerly married to one another
regardless of whether they still
reside inthe same household; (d) persons who have a child in common regardless of
whether such persons are married or have lived together atany time;(e) unrelated persons who are continuallyor at regular
intervals in
living the same household or who have in thepast continually or atregular intervalslived in thesame household;
(f)persons who are not related by consanguinity or and
affinity who areor have been in anintimate relationship regardless
of whether such persons have livedtogether atany time . . . ;
or (g) any othercategory of individualsdeemed to be a victim
of domestic violence as defined by the officeof children and familyservices inregulation.
*
ADA Accommodations Spoken or Sign Language Interpreters
ada(¬}nycourts.qov interpreter(d)nycourts.gov
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FILED: SUFFOLK COUNTY CLERK 01/27/2023 09:23 AM INDEX NO. 602136/2023
NYSCEF UCS-6341
DOC. NO. 1 Page 2 of 5 Index #: RECEIVED NYSCEF: 01/27/2023
(09/2022)
Petitioner alleges that the above-named respondent is likely to engage in conduct that would result
9.39(a)2
in serious harm to self or others as defined in MHL § and petitions the Court to issue a
temporary extreme risk protection order against the respondent pursuant to CPLR § 6342 based upon
the facts and circumstances set forth in the following sworn application justifying the issuance of the
order, to wit: Petitioner believes that the respondent is likely to engage in conduct that would result in
serious harm to self or others because the respondent has engaged in, exhibited, or committed the
following behavior(s) or act(s) [check a_LI that apply]:
B A threat or act of violence or use of physical force directed toward self, the petitioner, or
another person;
O A violation or alleged violation of an Order of Protection;
¡ A pending charge or conviction for an offense involving the use of a weapon;
¡ The reckless use, display or brandishing of a firearm, rifle or shotgun;
¡ A history of a violation of an Extreme Risk Protection Order;
¡ Evidence of recent or ongoing abuse of controlled substances or alcohol;
¡ Evidence of recent acquisition of a firearm, rifle,shotgun or other deadly weapon or dangerous
instrument, or any ammunition therefor;
B Other [specify any other relevant factors the Court should consider]:
RESPONDENT,A COMMACK HS STUDENT WHILE IN A CLASS ROOM, STUDENT GROUP CHAT, DID POSTA PICTURE OF A BLACK HANDGUN IN
THE GROUP CHAT. WHEN ASKED ABOUT IT BY FELLOW STUDENTS, FW(MINOR) DiD RESPONDBY SAYING , IN SUM AND SUBSTANCE,"lTS
NOT FOR ME, ITS FOR THE SCHOOL, DONT COME TO SCHOOL MONDAY". FW(MINOR) WASTHEN TRANSPORTEDTO STONYBROOKCPEP FOR
FURTHER EVALUATIONBY SCPD UNITS.
Facts and Circumstances
Please provide specific facts and circumstances justifying the issuance of an extreme risk protection
order:
RESPONDING OFFICERS RECElVED A 911 CALL FOR A SCHOOL INCIDENT IN WHICH A
STUDENT AT COMMACK HS POSTED A PICTURE OF A BLACK HANDGUN AND A STATEMENT
SAYING THAT THE GUN WAS NOT FOR HIM, ITS FOR THE SCHOOL, DONT COME TO
SCHOOL MONDAY. RESPONDENT FW(MINOR) WAS THEN TRANSPORTED TO CPEP.
2 MHL harm"
9.39(a): "Likelihood to resultin serious as used inthis articleshall mean: 1. substantial riskof physical
harm to himself as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating
that the respondent is dangerous to him/herself, or2. a substantial riskof physical harm toother persons as manifested by
homicidal or other violentbehavior by which others are placed in reasonable fear ofserious physical harm.
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FILED: SUFFOLK COUNTY CLERK 01/27/2023 09:23 AM INDEX NO. 602136/2023
NYSCEF UCS-6341
DOC. NO. 1 Page 3 of 5 Index #: RECEIVED NYSCEF: 01/27/2023
(09/2022)
Respondent's Age
The respondent's date of birth is and age at the time the above act(s) allegedly
occurred was: 16 ; or ifexact age is not known, the respondent's approximate age at the
time the above act(s) allegedly occurred was: .
Time Elapsed
The above act(s) allegedly occurred:
® Less than six months ago; or
O More than six months ago.
Respondent's Location
The respondent currently is located, resides, or may be contacted at:
Current Location: STONY BROOK HOSPITAL CPEP
Home Address: 21 AUGUST CRESCENT, COMMACK, NY 11725
Phone: (631) 662-7823
Cell:
Email:
[Optional: check and complete this section only if applicable)
¡ The petitioner offers the following attached documents in support of this application for an extreme
risk protection order.
NOTE: List each attached document with a brief description. Attach additional sheets if
necessary:
1. MENTAL HEALTH ASSISTANCE INCIDENT REPORT, BY PO ROGERS
2. FIELD REPORT
3. SUPPLEMENTARY REPORT PO OHAIRE
4. SUPPLEMENTARY REPORT PO ESPOSITO
5. SUPPLEMENTARY REPORT PO ROGERS
6. PHOTOS OF SNAPCHAT CONVERSATION
¡ The petitioner requests that attachment(s) numbered be filed under seal as they contain
medical, mental health, or other sensitive records and information.
¡ The petitioner requests that attachment(s) numbered be filed under seal or, in the
alternative, with all personally identifiable information redacted to prevent an unreasonable risk to
the physical safety of those affiants, witnesses, and other non-parties named therein.
[Optional: check and complete this section only ifapplicable]
¡ The petitioner knows or has reason to believe that the respondent owns, possesses or has access
to a firearm, rifleor shotgun, and the following is a complete listing and description of ALL
firearms, riflesand shotguns known or believed to be owned, possessed or accessible to the
shotgun.3
respondent and the respective location of each firearm, rifleor
3 For "possession,"
the purposes of this
listing,the term as defined in PL § 10.00(8), means to have "physical
control."
possession or otherwise to exercise dominion or
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FILED: SUFFOLK COUNTY CLERK 01/27/2023 09:23 AM INDEX NO. 602136/2023
NYSCEF UCS-6341
DOC. NO. 1 Page 4 of 5 Index #: RECEIVED NYSCEF: 01/27/2023
(09/2022)
NOTE: Be as specific as possible regarding the description and location of the weapons and
attach additional sheets ifnecessary:
O firearm
O rifle
O shotgun
O firearm
O rifle
O shotgun
O firearm
O rifle
O shotgun
O firearm
O rifle
O shotgun
O firearm
O rifle
O shotgun
O firearm
O rifle
O shotgun
O firearm
O rifle
O shotgun
O firearm
O rifle
O shotgun
O firearm
O rifle
O shotgun
O firearm
O rifle
O shotgun
[Optional: check and complete this section only ifapplicable]
O Pursuant to CPLR § 6342(8), the petitioner requests that the court direct a search of the
respondenes:
¡ person
O premises:
¡ vehicle:
for firearms, rifles and shotguns and the seizure any such weapons found pursuant to said search
in a manner consistent with the procedures set forth in article 690 of the criminal procedure law.
Statement of Reasonable Cause:
¡ The petitioner further requests that the court authorize the search to be executed:
¡ at any time of the day or night
¤ without notice of the officer's authority or purpose
Statement of Reasonable Cause:
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FILED: SUFFOLK COUNTY CLERK 01/27/2023 09:23 AM INDEX NO. 602136/2023
NYSCEF UCS-6341
DOC. NO. 1 Page 5 of 5 Index #: RECEIVED NYSCEF: 01/27/2023
(09/2022)
[Optional: check only if applicable]
¡ Disclosure of petitioner's address or contact information would pose an unreasonable risk to
petitioner's health or safety, and petitioner hereby requests that the Court order the confidentiality
and redaction of petitioner's address and contact information from any papers served upon or
provided to the respondent pursuant to CPLR §6342(6)(a).
¡ Disclosure of petitioner's name would pose an unreasonable risk to petitioner's health or safety,
and petitioner hereby requests that the Court order the case caption to reflect that petitioner's
name is anonymous and to redact petitioner's nam from any papers served upon or provided to
the respondent.
L0 L
Signature of Petitioner
Sworn to before me this ÊO
Marissa DeMeo
day of 7t,(fk , 20 NOTARY PUBLIC, STATB OF NEW
YORK
. Registration No. 01DE6075498
Qualifiedin
Suffolk County
Justi of the Supreme Court or Notary Public Commission Expires October
22,202
PrintForm
5 of 5
Preview
FILED: SUFFOLK COUNTY CLERK 01/27/2023 09:23 AM INDEX NO. 602136/2023 NYSCEF DOC. NO. 1 New York State Unified Court System RECEIVED_nycoIfrts!ov NYSCEF: 01/27/2023 ., UCS-6341 09/2022 . Application for a Temporary Extreme Risk Protection Order nycourthelp.gov Supreme Court SUFFOLK 8 County PO BIANCO Index Number: Petitioner (applying party) -against- AF(MINOR) Respondent (against party) The petitioner, being a: O Police Officer, as defined in CPL § 1.20; or O District Attorney with jurisdiction in the county or city where the respondent resides; or O Family or household member of the respondent, as defined in Social Services Law § 459-a(2)¹; or O Principal or other chief school officer or their designee named in writing of any school in which the respondent is currently enrolled or has been enrolled in the past six months; or O Licensed physician, licensed psychiatrist, licensed psychologist, registered nurse, licensed clinical social worker, certified clinical nurse specialist, certified nurse practitioner, licensed clinical marriage and family therapist, registered professional nurse, licensed master social worker or licensed mental health counselor and having treated the respondent within the previous six months. Residing or doing business at: Address: 727 Veterans Memorail HWY Smithtown NY 11787 Phone: 631-854-8400 Cell: Email: THOMAS.BIANCO@SUFFOLKCOU 1 Social members" Services Law 459-a(2): "Family or household mean the following individuals:(a) persons related by consanguinity or affinity;(b) persons legallymarried to one another; (c) persons formerly married to one another regardless of whether they still reside inthe same household; (d) persons who have a child in common regardless of whether such persons are married or have lived together atany time;(e) unrelated persons who are continuallyor at regular intervals in living the same household or who have in thepast continually or atregular intervalslived in thesame household; (f)persons who are not related by consanguinity or and affinity who areor have been in anintimate relationship regardless of whether such persons have livedtogether atany time . . . ; or (g) any othercategory of individualsdeemed to be a victim of domestic violence as defined by the officeof children and familyservices inregulation. * ADA Accommodations Spoken or Sign Language Interpreters ada(¬}nycourts.qov interpreter(d)nycourts.gov 1 of 5 FILED: SUFFOLK COUNTY CLERK 01/27/2023 09:23 AM INDEX NO. 602136/2023 NYSCEF UCS-6341 DOC. NO. 1 Page 2 of 5 Index #: RECEIVED NYSCEF: 01/27/2023 (09/2022) Petitioner alleges that the above-named respondent is likely to engage in conduct that would result 9.39(a)2 in serious harm to self or others as defined in MHL § and petitions the Court to issue a temporary extreme risk protection order against the respondent pursuant to CPLR § 6342 based upon the facts and circumstances set forth in the following sworn application justifying the issuance of the order, to wit: Petitioner believes that the respondent is likely to engage in conduct that would result in serious harm to self or others because the respondent has engaged in, exhibited, or committed the following behavior(s) or act(s) [check a_LI that apply]: B A threat or act of violence or use of physical force directed toward self, the petitioner, or another person; O A violation or alleged violation of an Order of Protection; ¡ A pending charge or conviction for an offense involving the use of a weapon; ¡ The reckless use, display or brandishing of a firearm, rifle or shotgun; ¡ A history of a violation of an Extreme Risk Protection Order; ¡ Evidence of recent or ongoing abuse of controlled substances or alcohol; ¡ Evidence of recent acquisition of a firearm, rifle,shotgun or other deadly weapon or dangerous instrument, or any ammunition therefor; B Other [specify any other relevant factors the Court should consider]: RESPONDENT,A COMMACK HS STUDENT WHILE IN A CLASS ROOM, STUDENT GROUP CHAT, DID POSTA PICTURE OF A BLACK HANDGUN IN THE GROUP CHAT. WHEN ASKED ABOUT IT BY FELLOW STUDENTS, FW(MINOR) DiD RESPONDBY SAYING , IN SUM AND SUBSTANCE,"lTS NOT FOR ME, ITS FOR THE SCHOOL, DONT COME TO SCHOOL MONDAY". FW(MINOR) WASTHEN TRANSPORTEDTO STONYBROOKCPEP FOR FURTHER EVALUATIONBY SCPD UNITS. Facts and Circumstances Please provide specific facts and circumstances justifying the issuance of an extreme risk protection order: RESPONDING OFFICERS RECElVED A 911 CALL FOR A SCHOOL INCIDENT IN WHICH A STUDENT AT COMMACK HS POSTED A PICTURE OF A BLACK HANDGUN AND A STATEMENT SAYING THAT THE GUN WAS NOT FOR HIM, ITS FOR THE SCHOOL, DONT COME TO SCHOOL MONDAY. RESPONDENT FW(MINOR) WAS THEN TRANSPORTED TO CPEP. 2 MHL harm" 9.39(a): "Likelihood to resultin serious as used inthis articleshall mean: 1. substantial riskof physical harm to himself as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that the respondent is dangerous to him/herself, or2. a substantial riskof physical harm toother persons as manifested by homicidal or other violentbehavior by which others are placed in reasonable fear ofserious physical harm. 2 of 5 FILED: SUFFOLK COUNTY CLERK 01/27/2023 09:23 AM INDEX NO. 602136/2023 NYSCEF UCS-6341 DOC. NO. 1 Page 3 of 5 Index #: RECEIVED NYSCEF: 01/27/2023 (09/2022) Respondent's Age The respondent's date of birth is and age at the time the above act(s) allegedly occurred was: 16 ; or ifexact age is not known, the respondent's approximate age at the time the above act(s) allegedly occurred was: . Time Elapsed The above act(s) allegedly occurred: ® Less than six months ago; or O More than six months ago. Respondent's Location The respondent currently is located, resides, or may be contacted at: Current Location: STONY BROOK HOSPITAL CPEP Home Address: 21 AUGUST CRESCENT, COMMACK, NY 11725 Phone: (631) 662-7823 Cell: Email: [Optional: check and complete this section only if applicable) ¡ The petitioner offers the following attached documents in support of this application for an extreme risk protection order. NOTE: List each attached document with a brief description. Attach additional sheets if necessary: 1. MENTAL HEALTH ASSISTANCE INCIDENT REPORT, BY PO ROGERS 2. FIELD REPORT 3. SUPPLEMENTARY REPORT PO OHAIRE 4. SUPPLEMENTARY REPORT PO ESPOSITO 5. SUPPLEMENTARY REPORT PO ROGERS 6. PHOTOS OF SNAPCHAT CONVERSATION ¡ The petitioner requests that attachment(s) numbered be filed under seal as they contain medical, mental health, or other sensitive records and information. ¡ The petitioner requests that attachment(s) numbered be filed under seal or, in the alternative, with all personally identifiable information redacted to prevent an unreasonable risk to the physical safety of those affiants, witnesses, and other non-parties named therein. [Optional: check and complete this section only ifapplicable] ¡ The petitioner knows or has reason to believe that the respondent owns, possesses or has access to a firearm, rifleor shotgun, and the following is a complete listing and description of ALL firearms, riflesand shotguns known or believed to be owned, possessed or accessible to the shotgun.3 respondent and the respective location of each firearm, rifleor 3 For "possession," the purposes of this listing,the term as defined in PL § 10.00(8), means to have "physical control." possession or otherwise to exercise dominion or 3 of 5 FILED: SUFFOLK COUNTY CLERK 01/27/2023 09:23 AM INDEX NO. 602136/2023 NYSCEF UCS-6341 DOC. NO. 1 Page 4 of 5 Index #: RECEIVED NYSCEF: 01/27/2023 (09/2022) NOTE: Be as specific as possible regarding the description and location of the weapons and attach additional sheets ifnecessary: O firearm O rifle O shotgun O firearm O rifle O shotgun O firearm O rifle O shotgun O firearm O rifle O shotgun O firearm O rifle O shotgun O firearm O rifle O shotgun O firearm O rifle O shotgun O firearm O rifle O shotgun O firearm O rifle O shotgun O firearm O rifle O shotgun [Optional: check and complete this section only ifapplicable] O Pursuant to CPLR § 6342(8), the petitioner requests that the court direct a search of the respondenes: ¡ person O premises: ¡ vehicle: for firearms, rifles and shotguns and the seizure any such weapons found pursuant to said search in a manner consistent with the procedures set forth in article 690 of the criminal procedure law. Statement of Reasonable Cause: ¡ The petitioner further requests that the court authorize the search to be executed: ¡ at any time of the day or night ¤ without notice of the officer's authority or purpose Statement of Reasonable Cause: 4 of 5 FILED: SUFFOLK COUNTY CLERK 01/27/2023 09:23 AM INDEX NO. 602136/2023 NYSCEF UCS-6341 DOC. NO. 1 Page 5 of 5 Index #: RECEIVED NYSCEF: 01/27/2023 (09/2022) [Optional: check only if applicable] ¡ Disclosure of petitioner's address or contact information would pose an unreasonable risk to petitioner's health or safety, and petitioner hereby requests that the Court order the confidentiality and redaction of petitioner's address and contact information from any papers served upon or provided to the respondent pursuant to CPLR §6342(6)(a). ¡ Disclosure of petitioner's name would pose an unreasonable risk to petitioner's health or safety, and petitioner hereby requests that the Court order the case caption to reflect that petitioner's name is anonymous and to redact petitioner's nam from any papers served upon or provided to the respondent. L0 L Signature of Petitioner Sworn to before me this ÊO Marissa DeMeo day of 7t,(fk , 20 NOTARY PUBLIC, STATB OF NEW YORK . Registration No. 01DE6075498 Qualifiedin Suffolk County Justi of the Supreme Court or Notary Public Commission Expires October 22,202 PrintForm 5 of 5