Matter of New York State Police v Brian LL.

Holding The court reversed the lower court’s grant of an extreme risk protection order, holding that the petitioner failed to establish by clear and convincing evidence that the respondent was likely to engage in conduct resulting in serious harm. The court found the evidence of an implied threat to be equivocal and contradictory, particularly given the respondent’s explanation that his statements referred to future litigation rather than violence.

The court’s words

petitioner did not establish by clear and convincing evidence that respondent was likely to engage in conduct that would result in serious harm to others

2026 NY Slip Op 05832, at the official text

petitioner's proof of respondent's alleged threat was equivocal or contradictory, such that petitioner failed to satisfy the requisite burden of proof

2026 NY Slip Op 05832, at the official text

respondent's statement about things "not going to go well" connoted future litigation

2026 NY Slip Op 05832, at the official text