§ 6345 — Request for renewal of an extreme risk protection order

New York § 6345

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 63-A: Extreme Risk Protection Orders

Text

§ 6345. Request for renewal of an extreme risk protection order. 1. If\na petitioner believes a person subject to an extreme risk protection\norder continues to be likely to engage in conduct that would result in\nserious harm to himself, herself, or others, as defined in paragraph one\nor two of subdivision (a) of section 9.39 of the mental hygiene law,\nsuch petitioner may, at any time within sixty days prior to the\nexpiration of such existing extreme risk protection order, initiate a\nrequest for a renewal of such order, setting forth the facts and\ncircumstances necessitating the request. The chief administrator of the\ncourts shall adopt forms that may be used for purposes of such\napplications and the court's consideration of such applications. The\ncourt may issue a temporary extreme risk protection order in accordance\nwith section sixty-three hundred forty-two of this article, during the\nperiod that a request for renewal of an extreme risk protection order is\nunder consideration pursuant to this section.\n 2. A hearing held pursuant to this section shall be conducted in the\nsupreme court, in accordance with section sixty-three hundred\nforty-three of this article, to determine if a request for renewal of\nthe order shall be granted. The respondent shall be served with written\nnotice of an application for renewal a reasonable time before the\nhearing, and shall be afforded an opportunity to fully participate in\nthe hearing. The court shall direct service of such application and the\naccompanying papers in the manner and in accordance with the protections\nfor the petitioner set forth in subdivision six of section sixty-three\nhundred forty-two of this article.\n