Preview
INDEX NO. EFCA2023-003135
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/05/2023
CPLR §.6342 Form ERO-1
rev. 02/25/2020.
ORI No;
Order No:
Supreme Court, State of New York, County of ‘ONEIDA
atthe Courthouse at 302 NORTH JAMES STREET, ROME, NY 13440
PRESENT: Hon, JULIE GROW-DENTON
New York State:Police Investigator Greenwood TEMPORARY
Petitioner. EXTREME RISK PROTECTION ORDER
Date of Birth. CPLR § 6342
‘v8. Case #/Index No. EFCA2023-003135
Brittany-E. Kelly (Check one)
Respondent O- Ex parte
04/09/1996 Date of Birth © Respondent Present in Court
The petitioner having filed a sworn application for the issuance of a temporary extreme risk protection order. against the respondent;
and having, considered the application, supporting documentation of the petitioner, if any, the time that has elapsed-since the
occurrence: of such act or acts, respondent’s age at the time of the occurrence, and the sworn testimony of the petitioner‘and witnesses
produced by the:petitioner, if'any;.and pursuant to the following findirigs of fact and conclusions of law:
‘On December4, 2023, at about 7:37 PM, Trooper Nicholas Baxter was dispatched by the Qeelda County913 Come ‘check the welfare coinpiatnt af arittany €. Kelly residing at Schoolhouse Apartments located at
145 Stafford Avene North, Apt, 203 in tha Village of Watervile. Reporting party, Karen Kelly, stated ne call from her daughter, Grittany Kelly, who stated she had consumed a large volume of het
prescribed medications: Karen stated she could hese Brittany breathing.
historyof depression, prior sukidal ldeations, and Is currently seeking ment Ney vealth
spoke and felt It was a normal so she reported the incident to 914 and respanded to Brittany's residence, She stated Brittony had &
treatment wi ‘counselor. Trooper Baxter artived at Schoothouse Apartments and locoted Britany in the vestibule vf the
apartment complex. Brittany stated she had consumed a fe volume of her prescribed medications, Traradone ond Guanfacine, in an attempt to kill herselfaz she does not want to li yore. Trooper Baiter
‘described Brittanyas lethargic. Brittany Kelly was plas stody pursuant to MHL 9.4% criteria and transported to Wynn Hospital for further treatrment in the care of Or, Joseph Ts wy Kelly was advised of,
the TERPO procedure and advised she does not own firearms. Brittany Kelly Consented to 3 search of her residence for firearms and signed a Consent to Search Premises form, A search
‘egatve resultsfor firearms. Brittany Kelly's intentional averdose on her legally prescribed medication and verbal statement of wanting to cause self harry justifies the issuance of an Extreme Ri i ckartmrent vielded,
Protective Order.
The Court finds probable cause to believe that respondent is likely to engage in conduct that would result in'serious harm 10 self or
others as defined in MHL §9.39(a) and hereby GRANTS petitioner’s application for'a temporary extreme risk protection. order, arid it
is hereby;
ORDERED that respondent is prohibited from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun
and shall immediately. surrender any and all firearms, rifles and shotguns owned or possessed pursuant to section’530.14(5) of the,
criminal procedure law, and it is further;
ORDERED that, upon service of the order, respondent is heréby required. pursuant to CPLR:§6342(4)(€) to list all firearms, rifles
and shotguns in tespondent’s possession and the particular location of each firearm, rifle or shotgun in the attached Listing of
Firearms, Rifles and Shotguns form [UCS-6342/L]. For the purposes of this listing, the'term “possession” means to have physical
possession or otherwise to exercise dominion or control over tangible property as defined in PL §10.00(8)., arid itis further;
ORDERED that, upon service of the order, the designated law enforcement agency shall request that respondent immediately
surrender all firearms, rifles and shotguns in respondent’s possession and shall conduct any search permitted by: law for such firearms
and shall take possession of all firearms, rifles and shotguns that are in plain sight or that are discovered pursuant to'a lawful search
and shall immediately notify the Court of such surrender, and it is further;
[Jsearcu ORDER (Optional: check only if applicable)
ORDERED that, pursuant to CPLR Article 63-A and consistent with the procedures set forth in Article 690 of the criminal
procedure law, and upon the sworn application of the petitioner and a finding of probable cause to believe respondent possesses
weapons, shall search for firearms, tifles.and-shotguns in respondent’s
‘(Law Enforcement Agency)
Possession, and upon the seizure of any property pursuant to this search order, the executing officer must:
i, Write and subscribe’a receipt itemizing the property taken and containing the name of the court by which the search order was.
issued, The receipt shall be provided to respondent or, where respondent is not the owner, tenant or other person in
possession, to the owner, tenant or.other person in possession of the property.
ii. Without unnecessary delay, return to the court the order and file with the court a written inventory of such property,
subs¢ribed atid sworn by such officer.
shail search as follows (check all that apply and provide with particularity a
(Law Enforcement Agency)
description of the place, premises or person to be searched):
Person:
Premises;
Vehicle(s):
© The-search must be made between the hours of 6:00 a.m. and.9:00 p.m.
© The court, satisfied of the existence of grounds described in CPL 690.35(4) as-supported by the above described allegations. of
fact, authorizes.that the search may be: made at any time of the day or night.
The'court, satisfied of the existence of grounds desoribed in CPL, 690.35(4)(b) as supported by the above desciibed
allegations-of fact and that prior notice may endanger the life or safety of the executing officer or another person, authorizes
the executing officer to enter the premises to be searched without notice of his or her authority or purpose.
Page 1 of2
1 2.
INDEX NO. EFCA2023-003135
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/05/2023
CPLR § 6342 Form ERO-I
8/2019
CONFIDENTIALITY AND ANONYMITY (Optional: check only if applicable)
Oo Petitioner’s address and other contact information is confidential and shall be redacted from any papers served upon or
provided to respondent pursuant to CPLR §6342(6)(a).
oO Additionally, the case caption shall be amended to reflect that petitioner’s name is anonymous, and petitioner’s name shall be
redacted from any papers served upon or provided to respondent.
Observe the following additional conditions necessary to further the purposes of protection [specify conditions]:
ORDERED that this order shall expire on Fab. 24 2024
Dated: ae
Kec. 5Si, 4003
JUSTICI F THE SUPREME COU!
(COURT SEAL)
TAKE NOTICE:
¢ The Court must hold a hearing to determine if a final extreme risk protection order will be issued. (See attached
appearance notice for hearing date, time, and location.) At the hearing, the parties shall have an opportunity to be heard, give
testimony, call witnesses and offer evidence to assist the Court in determining if a final extreme risk protection order will be
issued. Respondent may request a later hearing date to prepare for the hearing. To request a later date, respondent must contact
the court BEFORE the scheduled hearing date above. Respondent may also seek the advice of an attorney, and the attorney
should be consulted promptly.
© Upon expiration of this temporary extreme risk protection order:
o All records of these proceedings shall be sealed pursuant to CPLR § 6346(1) and made unavailable to any person or public or
private entity, except that the records shall be made available to (a) respondent or respondent’s designated agent, (b) courts
in the unified court system, (c) police agencies responsible for enforcing general criminal laws of the state, (d) any state or
local officer responsible for issuing licenses to possess firearms, rifles or shotguns when respondent makes an application for
such license, or (e) any prospective employer of a police or peace officer in relation to an application by respondent for
employment as a police or peace officer.
Any prohibitors to purchasing or possessing firearms, rifles or shotguns imposed by this order shall be lifted unless the
temporary order is extended, or a final extreme risk protection order is granted pursuant to CPLR § 6343 or renewed
pursuant to CPLR § 6345.
Check Applicable Box(es):
Party against whom order was issued was advised in Court of issuance and contents of Order
[Jorder personally served in Court upon party against whom order was issued
Service directed by other means [specify]: NYS Police +, bac so L_service —
[additional service information [specify]:
[the Court, having notice of the fact that the respondent is a patient in a certified Office of Mental Health (OMH) facility on the
date of this order, hereby authorizes service upon the respondent at such facility pursuant to 14 NYCRR 22.2.
ce: NYS Police
Oneida County Sheriff
Oneida County Pistol Permit Office
Page 2 of 2
2 of 2
Preview
INDEX NO. EFCA2023-003135 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/05/2023 CPLR §.6342 Form ERO-1 rev. 02/25/2020. ORI No; Order No: Supreme Court, State of New York, County of ‘ONEIDA atthe Courthouse at 302 NORTH JAMES STREET, ROME, NY 13440 PRESENT: Hon, JULIE GROW-DENTON New York State:Police Investigator Greenwood TEMPORARY Petitioner. EXTREME RISK PROTECTION ORDER Date of Birth. CPLR § 6342 ‘v8. Case #/Index No. EFCA2023-003135 Brittany-E. Kelly (Check one) Respondent O- Ex parte 04/09/1996 Date of Birth © Respondent Present in Court The petitioner having filed a sworn application for the issuance of a temporary extreme risk protection order. against the respondent; and having, considered the application, supporting documentation of the petitioner, if any, the time that has elapsed-since the occurrence: of such act or acts, respondent’s age at the time of the occurrence, and the sworn testimony of the petitioner‘and witnesses produced by the:petitioner, if'any;.and pursuant to the following findirigs of fact and conclusions of law: ‘On December4, 2023, at about 7:37 PM, Trooper Nicholas Baxter was dispatched by the Qeelda County913 Come ‘check the welfare coinpiatnt af arittany €. Kelly residing at Schoolhouse Apartments located at 145 Stafford Avene North, Apt, 203 in tha Village of Watervile. Reporting party, Karen Kelly, stated ne call from her daughter, Grittany Kelly, who stated she had consumed a large volume of het prescribed medications: Karen stated she could hese Brittany breathing. historyof depression, prior sukidal ldeations, and Is currently seeking ment Ney vealth spoke and felt It was a normal so she reported the incident to 914 and respanded to Brittany's residence, She stated Brittony had & treatment wi ‘counselor. Trooper Baxter artived at Schoothouse Apartments and locoted Britany in the vestibule vf the apartment complex. Brittany stated she had consumed a fe volume of her prescribed medications, Traradone ond Guanfacine, in an attempt to kill herselfaz she does not want to li yore. Trooper Baiter ‘described Brittanyas lethargic. Brittany Kelly was plas stody pursuant to MHL 9.4% criteria and transported to Wynn Hospital for further treatrment in the care of Or, Joseph Ts wy Kelly was advised of, the TERPO procedure and advised she does not own firearms. Brittany Kelly Consented to 3 search of her residence for firearms and signed a Consent to Search Premises form, A search ‘egatve resultsfor firearms. Brittany Kelly's intentional averdose on her legally prescribed medication and verbal statement of wanting to cause self harry justifies the issuance of an Extreme Ri i ckartmrent vielded, Protective Order. The Court finds probable cause to believe that respondent is likely to engage in conduct that would result in'serious harm 10 self or others as defined in MHL §9.39(a) and hereby GRANTS petitioner’s application for'a temporary extreme risk protection. order, arid it is hereby; ORDERED that respondent is prohibited from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun and shall immediately. surrender any and all firearms, rifles and shotguns owned or possessed pursuant to section’530.14(5) of the, criminal procedure law, and it is further; ORDERED that, upon service of the order, respondent is heréby required. pursuant to CPLR:§6342(4)(€) to list all firearms, rifles and shotguns in tespondent’s possession and the particular location of each firearm, rifle or shotgun in the attached Listing of Firearms, Rifles and Shotguns form [UCS-6342/L]. For the purposes of this listing, the'term “possession” means to have physical possession or otherwise to exercise dominion or control over tangible property as defined in PL §10.00(8)., arid itis further; ORDERED that, upon service of the order, the designated law enforcement agency shall request that respondent immediately surrender all firearms, rifles and shotguns in respondent’s possession and shall conduct any search permitted by: law for such firearms and shall take possession of all firearms, rifles and shotguns that are in plain sight or that are discovered pursuant to'a lawful search and shall immediately notify the Court of such surrender, and it is further; [Jsearcu ORDER (Optional: check only if applicable) ORDERED that, pursuant to CPLR Article 63-A and consistent with the procedures set forth in Article 690 of the criminal procedure law, and upon the sworn application of the petitioner and a finding of probable cause to believe respondent possesses weapons, shall search for firearms, tifles.and-shotguns in respondent’s ‘(Law Enforcement Agency) Possession, and upon the seizure of any property pursuant to this search order, the executing officer must: i, Write and subscribe’a receipt itemizing the property taken and containing the name of the court by which the search order was. issued, The receipt shall be provided to respondent or, where respondent is not the owner, tenant or other person in possession, to the owner, tenant or.other person in possession of the property. ii. Without unnecessary delay, return to the court the order and file with the court a written inventory of such property, subs¢ribed atid sworn by such officer. shail search as follows (check all that apply and provide with particularity a (Law Enforcement Agency) description of the place, premises or person to be searched): Person: Premises; Vehicle(s): © The-search must be made between the hours of 6:00 a.m. and.9:00 p.m. © The court, satisfied of the existence of grounds described in CPL 690.35(4) as-supported by the above described allegations. of fact, authorizes.that the search may be: made at any time of the day or night. The'court, satisfied of the existence of grounds desoribed in CPL, 690.35(4)(b) as supported by the above desciibed allegations-of fact and that prior notice may endanger the life or safety of the executing officer or another person, authorizes the executing officer to enter the premises to be searched without notice of his or her authority or purpose. Page 1 of2 1 2. INDEX NO. EFCA2023-003135 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/05/2023 CPLR § 6342 Form ERO-I 8/2019 CONFIDENTIALITY AND ANONYMITY (Optional: check only if applicable) Oo Petitioner’s address and other contact information is confidential and shall be redacted from any papers served upon or provided to respondent pursuant to CPLR §6342(6)(a). oO Additionally, the case caption shall be amended to reflect that petitioner’s name is anonymous, and petitioner’s name shall be redacted from any papers served upon or provided to respondent. Observe the following additional conditions necessary to further the purposes of protection [specify conditions]: ORDERED that this order shall expire on Fab. 24 2024 Dated: ae Kec. 5Si, 4003 JUSTICI F THE SUPREME COU! (COURT SEAL) TAKE NOTICE: ¢ The Court must hold a hearing to determine if a final extreme risk protection order will be issued. (See attached appearance notice for hearing date, time, and location.) At the hearing, the parties shall have an opportunity to be heard, give testimony, call witnesses and offer evidence to assist the Court in determining if a final extreme risk protection order will be issued. Respondent may request a later hearing date to prepare for the hearing. To request a later date, respondent must contact the court BEFORE the scheduled hearing date above. Respondent may also seek the advice of an attorney, and the attorney should be consulted promptly. © Upon expiration of this temporary extreme risk protection order: o All records of these proceedings shall be sealed pursuant to CPLR § 6346(1) and made unavailable to any person or public or private entity, except that the records shall be made available to (a) respondent or respondent’s designated agent, (b) courts in the unified court system, (c) police agencies responsible for enforcing general criminal laws of the state, (d) any state or local officer responsible for issuing licenses to possess firearms, rifles or shotguns when respondent makes an application for such license, or (e) any prospective employer of a police or peace officer in relation to an application by respondent for employment as a police or peace officer. Any prohibitors to purchasing or possessing firearms, rifles or shotguns imposed by this order shall be lifted unless the temporary order is extended, or a final extreme risk protection order is granted pursuant to CPLR § 6343 or renewed pursuant to CPLR § 6345. Check Applicable Box(es): Party against whom order was issued was advised in Court of issuance and contents of Order [Jorder personally served in Court upon party against whom order was issued Service directed by other means [specify]: NYS Police +, bac so L_service — [additional service information [specify]: [the Court, having notice of the fact that the respondent is a patient in a certified Office of Mental Health (OMH) facility on the date of this order, hereby authorizes service upon the respondent at such facility pursuant to 14 NYCRR 22.2. ce: NYS Police Oneida County Sheriff Oneida County Pistol Permit Office Page 2 of 2 2 of 2