N.Y. C.P.L.R. § 6346

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 6346 Expiration of an extreme risk protection order. 1 § 6346. Expiration of an extreme risk protection order. 1. Aprotection order issued pursuant to this article, and all records of anyproceedings conducted pursuant to this article, shall be sealed uponexpiration of such order and the clerk of the court wherein suchproceedings were conducted shall immediately notify the commissioner ofthe division of criminal justice services, the heads of all appropriatepolice departments, applicable licensing officers, and all otherappropriate law enforcement agencies that the order has expired and thatthe record of such protection order shall be sealed and not be madeavailable to any person or public or private entity, except that suchrecords shall be made available to:(a) the respondent or the respondent's designated agent;(b) courts in the unified court system;(c) police forces and departments having responsibility forenforcement of the general criminal laws of the state;(d) any state or local officer or agency with responsibility for theissuance of licenses to possess a firearm, rifle or shotgun, when therespondent has made application for such a license; and(e) any prospective employer of a police officer or peace officer asthose terms are defined in subdivisions thirty-three and thirty-four ofsection 1.20 of the criminal procedure law, in relation to anapplication for employment as a police officer or peace officer;provided, however, that every person who is an applicant for theposition of police officer or peace officer shall be furnished with acopy of all records obtained under this subparagraph and afforded anopportunity to make an explanation thereto.2. Upon expiration of a protection order issued pursuant to thisarticle and upon written application of the resp r this subparagraph and afforded anopportunity to make an explanation thereto.2. Upon expiration of a protection order issued pursuant to thisarticle and upon written application of the respondent who is thesubject of such order, with notice and opportunity to be heard to thepetitioner and every licensing officer responsible for issuance of afirearm license to the subject of the order pursuant to article fourhundred of the penal law, and upon a written finding that there is nolegal impediment to the respondent's possession of a surrenderedfirearm, rifle or shotgun, the court shall order the return of afirearm, rifle or shotgun not otherwise disposed of in accordance withsubdivision one of section sixty-three hundred forty-four of thisarticle. When issuing such order in connection with any firearm subjectto a license requirement under article four hundred of the penal law, ifthe licensing officer informs the court that he or she will seek torevoke the license, the order shall be stayed by the court until theconclusion of any license revocation proceeding.