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N.Y. CPLR § 6340

N.Y. CPLR § 6340 - Definitions (2024)

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Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 6340, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 6340 Definitions § 6340. Definitions. For the purposes of this article:1. "Extreme risk protection order" means a court-issued order ofprotection prohibiting a person from purchasing, possessing orattempting to purchase or possess a firearm, rifle or shotgun.2. "Petitioner" means: (a) a law enforcement agency that employs apolice officer, as such term is defined in section 1.20 of the criminalprocedure law, or a police officer or district attorney withjurisdiction in the county or city where the person against whom theorder is sought resides; (b) a family or household member, as defined insubdivision two of section four hundred fifty-nine-a of the socialservices law, of the person against whom the order is sought; (c) aschool administrator as defined in section eleven hundred twenty-five ofthe education law, or a school administrator's designee, of any schoolin which the person against whom the order is sought is currentlyenrolled or has been enrolled in the six months immediately precedingthe filing of the petition; or (d) a licensed physician, licensedpsychiatrist, licensed psychologist, registered nurse, licensed clinicalsocial worker, certified clinical nurse specialist, certified nursepractitioner, licensed clinical marriage and family therapist,registered professional nurse, licensed master social worker or licensedmental health counselor who has treated the person against whom theorder is sought in the six months immediately preceding the filing ofthe petition. For purposes of this article, a school administrator'sdesignee shall be employed at the same school as the schooladministrator and shall be any of the following who has been designatedin writing to file a petition with respect to the person against whomthe order is sought: a school tea ool as the schooladministrator and shall be any of the following who has been designatedin writing to file a petition with respect to the person against whomthe order is sought: a school teacher, school guidance counselor, schoolpsychologist, school social worker, school nurse, or other schoolpersonnel required to hold a teaching or administrative license orcertificate, and full or part-time compensated school employee requiredto hold a temporary coaching license or professional coachingcertificate.3. "Respondent" means the person against whom an extreme riskprotection order is or may be sought under this article.4. "Possess" shall have the same meaning as defined in subdivisioneight of section 10.00 of the penal law.