On March 04, 2024 a
NO FEE AUTHORIZATION (LETTER/ORDER/AFFIRMATION) - ERPO Fee Waiver
was filed
involving a dispute between
Roberto Troia,
and
Elijah S Rubio,
for Special Proceedings - Extreme Risk Protection Order
in the District Court of Orange County.
Preview
FILED: ORANGE COUNTY CLERK 03/04/2024 02:57 PM INDEX NO. EF001815-2024
NYSCEF DOC. NO. 2 New York State. Unified Court System
RECEIVED nycourts.gov
NYSCEF: 03/04/2024
ucs.ss41/w
Application to Waive (o7/2022)
* * Page 1 of 1
Extreme Risk Protection Order
nycourthelp.gov
Filing Fees
Supreme Court
ORANGE County
PO R. Troia . . . Index Number:
Petitioner (applying party)
-against-
E. R. a minor
. Respondent (against party) .
I am the petitioner in an application for an extreme risk protection order. I submit this application for a waiver
of filing fees in the interest of justice and in support of the intent of CPLR Article 63-A to protect the community
by preventing persons who are likely to engage in conduct harmful to themselves or others from possessing or
purchasing firearms, rifles or shotguns.
The law permits an application for an extreme risk protection order to be brought by a police officer, a district
attorney, a school administrator, a health care provider, or member of the respondenes family or hou.sehold.
Police:officers and district attomeys are clearly eItitled to a waiver of all filing fees (CPLR 8018(b)(3))
Similarly, no fee may be charged where a civil cause of action is brought by a school district (CPLR 8018(b)(5)).
Additionally, the Unified Court System, recognizing the importance for fee waiver status for an extreme risk
protection order, has amended the Uniform Rules of the Supreme Court to authorize filing of a request for
judicial intervention without fee in an application for an extreme risk protection order (22 NYCRR §202.6(b)).
Petitiorier requests that this application for an extreme risk protection ortier by a member of the respondenes
family or household or health care provider or designated official of a private school be granted the same fee
waiverstatus as all other authorized petitioriers, and to treat an extreme risk protection order with the same fee
waiver status as provided to other orders of protection (see e.g., 34
U.S.C. §10461) I have been informed that
an amendment to the civil practice law and rules is underway to clarify the law regarding collection of fees and
make it plain that fee waiver status is mandatory for all applications for an extreme risk protection órder.
· The interest of ju.stice supports this.application because it will promote the purposes of the statute.
granting
The failure to grant fee waiver status may result in withdrawai of this application and an impediment to bringing
similar applicatioIs by family or household members of respondents, health care providers, or designated
officials of private schools, which would needlessly risk public safety and risk immediate harm to individuals in
our community. The county clerk will waive a filing fee upon direction of the court, and I submit that the court
has the authority to waive the fee in the interest of justice and that it would be appropriate to do so in this case.
For the foregoIng reasons, I request the court to waive filing fee in connection with this application.
Po. I%
Signature of Petitioner
FOR COURT USE ONLY -DO NOT WRITE BELOW THIS LINE
Determination of Fee Walver Application
O Granted .
O Denied
SO ORDERED:
. .
Judge Signature
Judge Name
ADA Accommodations Spoken or Sign Language Interpreters
L ada(ätnycourts.qov Interpreter(d
Preview
FILED: ORANGE COUNTY CLERK 03/04/2024 02:57 PM INDEX NO. EF001815-2024 NYSCEF DOC. NO. 2 New York State. Unified Court System RECEIVED nycourts.gov NYSCEF: 03/04/2024 ucs.ss41/w Application to Waive (o7/2022) * * Page 1 of 1 Extreme Risk Protection Order nycourthelp.gov Filing Fees Supreme Court ORANGE County PO R. Troia . . . Index Number: Petitioner (applying party) -against- E. R. a minor . Respondent (against party) . I am the petitioner in an application for an extreme risk protection order. I submit this application for a waiver of filing fees in the interest of justice and in support of the intent of CPLR Article 63-A to protect the community by preventing persons who are likely to engage in conduct harmful to themselves or others from possessing or purchasing firearms, rifles or shotguns. The law permits an application for an extreme risk protection order to be brought by a police officer, a district attorney, a school administrator, a health care provider, or member of the respondenes family or hou.sehold. Police:officers and district attomeys are clearly eItitled to a waiver of all filing fees (CPLR 8018(b)(3)) Similarly, no fee may be charged where a civil cause of action is brought by a school district (CPLR 8018(b)(5)). Additionally, the Unified Court System, recognizing the importance for fee waiver status for an extreme risk protection order, has amended the Uniform Rules of the Supreme Court to authorize filing of a request for judicial intervention without fee in an application for an extreme risk protection order (22 NYCRR §202.6(b)). Petitiorier requests that this application for an extreme risk protection ortier by a member of the respondenes family or household or health care provider or designated official of a private school be granted the same fee waiverstatus as all other authorized petitioriers, and to treat an extreme risk protection order with the same fee waiver status as provided to other orders of protection (see e.g., 34 U.S.C. §10461) I have been informed that an amendment to the civil practice law and rules is underway to clarify the law regarding collection of fees and make it plain that fee waiver status is mandatory for all applications for an extreme risk protection órder. · The interest of ju.stice supports this.application because it will promote the purposes of the statute. granting The failure to grant fee waiver status may result in withdrawai of this application and an impediment to bringing similar applicatioIs by family or household members of respondents, health care providers, or designated officials of private schools, which would needlessly risk public safety and risk immediate harm to individuals in our community. The county clerk will waive a filing fee upon direction of the court, and I submit that the court has the authority to waive the fee in the interest of justice and that it would be appropriate to do so in this case. For the foregoIng reasons, I request the court to waive filing fee in connection with this application. Po. I% Signature of Petitioner FOR COURT USE ONLY -DO NOT WRITE BELOW THIS LINE Determination of Fee Walver Application O Granted . O Denied SO ORDERED: . . Judge Signature Judge Name ADA Accommodations Spoken or Sign Language Interpreters L ada(ätnycourts.qov Interpreter(d