On March 04, 2024 a
APPLICATION TO WAIVE FILING FEES
was filed
involving a dispute between
Michael M Napoli City Of Middletown Police,
and
Charles J Rubino,
for Special Proceedings - Extreme Risk Protection Order
in the District Court of Orange County.
Preview
FILED: ORANGE COUNTY CLERK 03/06/2024
03/05/2024 04:30 PM INDEX NO. EF001828-2024
NYSCEF DOC. NO. 6
2 RECEIVED NYSCEF: 03/06/2024
03/04/2024
New York State Unified Court System nycourts.gov.
.. .. .
UCS 6341/W
Application to Waive (07/2022)
Page 1 of 1
Extreme Risk Protection Order
. nycolarthelp.cov.
Filing Fees
Supreme Count .
ORANGE County
PO MICHAEL NAPOLI CITY OF MIDDLETOWN POLICE DEPT Index Number:.
Petitioner(applying party)
-against
CHARLES J RUBINO
. - Respondent (against party)
I am the petitioner in an application for an extrenie risk protection order. I submit this applicatioI 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 comrnunity
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 respondent's family or household.
. Police officers and district attomeys are clearly entitled 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 80.18(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)).
Petitioner requests that this application for an extreme risk protection order by a member of the respondeIes
family or household or health care provider or designated official of a private school be granted the same fee
waiver status as all other authorized petitioners, 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 aniendment to the civil practice law and rules is underway to clarify the law regarding collection of fees and
make it pla|n that fee waiver status is mandatory for all applications for an extreme risk protection order.
. . The Interest of justice supports granting this application because it will promote the purposes of the statute.
The failure to grant fee waiver status may result in withdrawal of this application and an impediment to bringing
similar applications 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 directioI 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 fees in connection with this application.
. Signature of Petitioner
FOR COURT USE ONLY - DO NOT WRITE BELOW THIS LINE
x
Determination of Fee Walver Application . .
O Oranted .
O Denied
SO ORDERED:
March 5, 2024
. Judge Signature .
Hon. Maria S. Vazquez-Doles, J.S.C.
Judge Name .
ADA Accommodations Q Spoken or Sign Language Interpreters
C Ã da@nycourts.gov Interpreter@nycourts.qov
Filed in Orange County 03/05/2024 09:10:34 AM $0.00 1 of
Bk: 5156 1 Pg: 1631 Index: # EF001828-2024 Clerk: EBR
Category
Special Proceedings - Extreme Risk Protection Order
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Preview
FILED: ORANGE COUNTY CLERK 03/06/2024 03/05/2024 04:30 PM INDEX NO. EF001828-2024 NYSCEF DOC. NO. 6 2 RECEIVED NYSCEF: 03/06/2024 03/04/2024 New York State Unified Court System nycourts.gov. .. .. . UCS 6341/W Application to Waive (07/2022) Page 1 of 1 Extreme Risk Protection Order . nycolarthelp.cov. Filing Fees Supreme Count . ORANGE County PO MICHAEL NAPOLI CITY OF MIDDLETOWN POLICE DEPT Index Number:. Petitioner(applying party) -against CHARLES J RUBINO . - Respondent (against party) I am the petitioner in an application for an extrenie risk protection order. I submit this applicatioI 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 comrnunity 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 respondent's family or household. . Police officers and district attomeys are clearly entitled 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 80.18(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)). Petitioner requests that this application for an extreme risk protection order by a member of the respondeIes family or household or health care provider or designated official of a private school be granted the same fee waiver status as all other authorized petitioners, 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 aniendment to the civil practice law and rules is underway to clarify the law regarding collection of fees and make it pla|n that fee waiver status is mandatory for all applications for an extreme risk protection order. . . The Interest of justice supports granting this application because it will promote the purposes of the statute. The failure to grant fee waiver status may result in withdrawal of this application and an impediment to bringing similar applications 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 directioI 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 fees in connection with this application. . Signature of Petitioner FOR COURT USE ONLY - DO NOT WRITE BELOW THIS LINE x Determination of Fee Walver Application . . O Oranted . O Denied SO ORDERED: March 5, 2024 . Judge Signature . Hon. Maria S. Vazquez-Doles, J.S.C. Judge Name . ADA Accommodations Q Spoken or Sign Language Interpreters C à da@nycourts.gov Interpreter@nycourts.qov Filed in Orange County 03/05/2024 09:10:34 AM $0.00 1 of Bk: 5156 1 Pg: 1631 Index: # EF001828-2024 Clerk: EBR