On March 17, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
New York State Police
-Investigator Muller, In His Official Capacity As A Member Of The New York State Police,
and
Brian J Daily,
for Special Proceedings - Extreme Risk Protection Order
in the District Court of Onondaga County.
Preview
FILED: ONONDAGA COUNTY CLERK 03/19/2024 10:54 AM INDEX NO. 002831/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/19/2024
BCI-9E (10/19) New York State Police Page 1 of 2
°ªª°# 11858804
Extreme Risk Protection Order (ERPO)
Background Report Date: 03/17/2024
In the Matter ofNYSP, Inv. Muller (Petitioner) v.Brian J. Daily (Respondent), the New York State Police
has conducted a background Investigation as required by CPLR § 6342(9) and reports the following based on all information reasonably
available at the time of the investigation:
Convictions for Domestic Violence Use of a Weapon,2of Other Violence (use Additiorfal info if more)
Has the investigation revealed prior criminal conviction(s) for an offense involving domestic violence, use of a weapon, or other violence?
Yes No (If yes, list convictions below.)
# Date Charge Court
2
3 .
Pe iding Crim nal Châfqe s and"Violatibn & HUsii†de ionallhfo irinore)
Has the investigation revealed a current pending criminal charge or violation against the Respondent?
Yes No (if yes, list pending criminal charge or violation below.)
# Date Pending Criminal Charge or Violation Court
1 09/02/2023 Aggravated DWI VTL 1192(2aa) Lysander Town Court
Has the investigation revealed the Respondent Is currently on probation or parole?
Yes Probation Supervising Agency: Parole Supervising Agency:
No .
Rifles, Shotguns, and FIrearms (Use Additional Info if morer .
Does the Respondent possess any rifles, shotguns, or firearms?
Yes / No (If yes, list below.)
# Weapon Type Manufacturer Model Serial # Permit # / Issuing County AW Reg #
1
2
3
4
5
8
9
10
FILED: ONONDAGA COUNTY CLERK 03/19/2024 10:54 AM INDEX NO. 002831/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/19/2024
BCI-9E (10/19) New York State Police Page 2 of 2
Ca** # 11858804
Extreme Risk Protection Order (ERPO)
Background Report Date: 03/17/2024
Orders of Protection iUse ÄdditionaUnfo if more
(OOP)
Has the Respondent been the subject of any current or past order(s) of protection during the last 5 years?
Yes No (If yes, list below.)
# Expiration Date Protected Person(s) Issuing Court Type of Order
1
Was OOP violated or allegedly violated? Yes No (If yes, describe below.)
# Expiration Date Protected Person(s) Issuing Court Type of Order
2
Was OOP violated or allegedly violated? Yes No (If yes, describe below.)
# Expiration Date Protected Person(s) .Issuing Court Type of Order
3
Was OOP violated or allegedly violated? Yes No (If yes, describe below.)
Additional Info
No arrest made. Court Ordered Background Check.
Submitted by
Name (Last, First, MI) Rank Shield
Muller, Stephen, P Investigator 0742
Signature Date
Soned 00Stephen Muller
Investigator Stephen Muller Inve3 0
Document Filed Date
March 19, 2024
Case Filing Date
March 17, 2024
Category
Special Proceedings - Extreme Risk Protection Order
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FILED: ONONDAGA COUNTY CLERK 03/19/2024 10:54 AM INDEX NO. 002831/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/19/2024 BCI-9E (10/19) New York State Police Page 1 of 2 °ªª°# 11858804 Extreme Risk Protection Order (ERPO) Background Report Date: 03/17/2024 In the Matter ofNYSP, Inv. Muller (Petitioner) v.Brian J. Daily (Respondent), the New York State Police has conducted a background Investigation as required by CPLR § 6342(9) and reports the following based on all information reasonably available at the time of the investigation: Convictions for Domestic Violence Use of a Weapon,2of Other Violence (use Additiorfal info if more) Has the investigation revealed prior criminal conviction(s) for an offense involving domestic violence, use of a weapon, or other violence? Yes No (If yes, list convictions below.) # Date Charge Court 2 3 . Pe iding Crim nal Châfqe s and"Violatibn & HUsii†de ionallhfo irinore) Has the investigation revealed a current pending criminal charge or violation against the Respondent? Yes No (if yes, list pending criminal charge or violation below.) # Date Pending Criminal Charge or Violation Court 1 09/02/2023 Aggravated DWI VTL 1192(2aa) Lysander Town Court Has the investigation revealed the Respondent Is currently on probation or parole? Yes Probation Supervising Agency: Parole Supervising Agency: No . Rifles, Shotguns, and FIrearms (Use Additional Info if morer . Does the Respondent possess any rifles, shotguns, or firearms? Yes / No (If yes, list below.) # Weapon Type Manufacturer Model Serial # Permit # / Issuing County AW Reg # 1 2 3 4 5 8 9 10 FILED: ONONDAGA COUNTY CLERK 03/19/2024 10:54 AM INDEX NO. 002831/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/19/2024 BCI-9E (10/19) New York State Police Page 2 of 2 Ca** # 11858804 Extreme Risk Protection Order (ERPO) Background Report Date: 03/17/2024 Orders of Protection iUse ÄdditionaUnfo if more (OOP) Has the Respondent been the subject of any current or past order(s) of protection during the last 5 years? Yes No (If yes, list below.) # Expiration Date Protected Person(s) Issuing Court Type of Order 1 Was OOP violated or allegedly violated? Yes No (If yes, describe below.) # Expiration Date Protected Person(s) Issuing Court Type of Order 2 Was OOP violated or allegedly violated? Yes No (If yes, describe below.) # Expiration Date Protected Person(s) .Issuing Court Type of Order 3 Was OOP violated or allegedly violated? Yes No (If yes, describe below.) Additional Info No arrest made. Court Ordered Background Check. Submitted by Name (Last, First, MI) Rank Shield Muller, Stephen, P Investigator 0742 Signature Date Soned 00Stephen Muller Investigator Stephen Muller Inve3 0