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MATTER OF DET. GALLAGHER TOWN OF NEW WINDSOR POLICE DEPT. v. D.M.

2023-05873, Index No. 2369/23.

2024 NY Slip Op 01539

IN THE MATTER OF DET. GALLAGHER TOWN OF NEW WINDSOR POLICE DEPT., Petitioner, v. D. M., Respondent; LETITIA JAMES, ETC., Intervenor-Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 20, 2024.

Attorney(s) appearing for the Case

Letitia James, Attorney General, New York, NY (Barbara D. Underwood, Ester Murdukhayeva, and Sarah Coco of counsel), intervenor-appellant pro se.

Selendy Gay Elsberg PLLC, New York, NY (Andrew R. Dunlap, Korey Boehm, and Taylor Stone of counsel), for amici curiae District of Columbia and States of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin.

Arnold & Porter Kaye Scholer LLP, New York, NY (W. Stewart Wallace and Arthur Luk of counsel), for amici curiae Brady Center to Prevent Gun Violence and Giffords Law Center to Prevent Gun Violence.

Alvin L. Bragg, Jr., District Attorney, New York, NY (Steven C. Wu and John T. Hughes of counsel), amicus curiae pro se and for amici curiae Melinda Katz, District Attorney of Queens County, Michael E. McMahon, District Attorney of Richmond County, and Miriam E. Rocah, District Attorney of Westchester County.

Before: Mark C. Dillon, J.P., Betsy Barros, Deborah A. Dowling, Lillian Wan, JJ.

DECISION & ORDER

In a proceeding for an extreme risk protection order pursuant to CPLR article 63-A, the intervenor, Letitia James, appeals from an order of the Supreme Court, Orange County (Craig Stephen Brown, J.), dated April 13, 2023. The order dismissed the petition.

ORDERED that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Supreme Court, Orange County, for a determination...

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