In the Matter of John Kesel, Investigator, Ontario County Sheriff's Department, Petitioner,
v.
Jeffrey Holtz, Respondent.
Letitia James, Attorney General of the State of New York, Intervenor-Appellant.
Appellate Division of the Supreme Court of New York, Fourth Department.https://leagle.com/images/logo.png
Decided December 22, 2023.
Decided December 22, 2023.
Attorney(s) appearing for the Case
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (SARAH COCO OF COUNSEL), FOR INTERVENOR-APPELLANT.
SELENDY GAY ELSBERG PLLC, NEW YORK CITY (ANDREW R. DUNLAP OF COUNSEL), ON BEHALF OF 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 AS AMICI CURIAE IN SUPPORT OF INTERVENOR-APPELLANT.
ALVIN L. BRAGG, JR., DISTRICT ATTORNEY, NEW YORK CITY (JOHN T. HUGHES OF COUNSEL), ON BEHALF OF ALVIN BRAGG, JR., DISTRICT ATTORNEY, NEW YORK COUNTY; MELINDA KATZ, DISTRICT ATTORNEY, QUEENS COUNTY; MICHAEL E. McMAHON, DISTRICT ATTORNEY, RICHMOND COUNTY; AND MIRIAM E. ROCAH, DISTRICT ATTORNEY, WESTCHESTER COUNTY AS AMICI CURIAE IN SUPPORT OF INTERVENOR-APPELLANT.
ARNOLD & PORTER KAYE SCHOLER LLP, WASHINGTON, DC (ARTHUR LUK OF COUNSEL), FOR GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE AND BRADY CENTER TO PREVENT GUN VIOLENCE, AMICI CURIAE.
Present—Lindley, J.P., Curran, Montour, Ogden and Nowak, JJ.
Appellate Division of the Supreme Court of New York, Fourth Department.
Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered May 5, 2023. The order dismissed the application for a temporary extreme risk protection order and final extreme risk protection order.
It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the application is reinstated, and the matter is remitted to Supreme Court, Ontario County...
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