STATE OF NEW YORKCOMMISSION ON JUDICIAL CONDUCT

In the Matter of the ProceedingPursuant to Section 44, subdivision 4,of tile Judiciary Law in Relation to

ROBIN J. CURTIS,

A Justice of the Lyme Town Court,Jefferson County.

AGREEDSTATEMENT OF FACTS

Subject to the approval ofthe Commission on Judicial Conduct

("Commission") :

IT IS HEREBY STIPULATED AND AGREED by and between

Robert B:. Tembeckjian, Esq., Administrator and Counsel to the Commission, and

Honorable Robin J. Curtis ("respondent"), who is represented in this proceeding by

Andrew N. Capone, Esq., that further proceedings are waived and tilat the Commission

shall make its determination upon tile following facts, which shall constitute the entire

record in lieu of a hearing.

1. Respondent has been a Justice of the Lyme Town Court, Jefferson

County, since 1991. Respondent's tenn expires December 31, 2015. Respondent is not·

an attorney.

2. Respondent was served with a Formal Written Complaint dated

October 19,2011. Respondent filed an Answer dated November 14,2011, and verified

November 18,2011.

As to Charge I

3. . On May 13,2008, at a time when there was no criminal action

pending against Arnold Montgomery, approximately five of his neighbors appeared

before respondent in Lyme Town Court to complain about Mr. Montgomery's conduct

and to request that respondent issue orders ofprotection on their behalf. Thomas DeMasi

was among the neighbors who engaged in the exchange with respondent.

4. Respondent was familiar with both Mr. Montgomery and Mr.

DeMasi from having presided over a matter in 2007 in which Mr. Montgomery was the

alleged victim ofharassrnent by Mr. DeMasi. Based on respondent's involvement in that

matter, which was not prosecuted to conviction and had been finally resolved three

months earlier, respondent had formed a negative opinionofMr. Montgomery.

5. On May 13,2008, after speaking ex parte with Mr. DeMasi and the

other neighbors of Mr. Montgomery who had come to court, respondent issued two orders

ofprotection against Mr. Montgomery, copies of which are annexed as Exhibits A and B.

One order listed the following as protected persons: Linda DeMasi, Thomas DeMasi and

Michael DeMasi. The second order listed the following as protected persons: Peggy

Chambry, Walter Chambry, Krista Chambry, Kevin Chambry, Donna Walsh and Corey

Walsh. Both orders had identical provisions directing Mr. Montgomery to refrain from

offensive conduct against the listed persons and further directing in handwritten

specifications, "Do not trespass on others['] property." The orders were to remain in

effect until May 13,2009.

2

6. The two May 13, 2008, ex parte orders of protection that respondent

issued against Arnold Montgomery were served on Mr. Montgomery in May of2008 by

two Town ofLyme police officers.

7. . The two May 13,2008, ex parte orders ofprotection that respondent

issued against Arnold Montgomery were unlawful because there was no pending criminal

action against Mr. Montgomery, as required by Criminal Procedure Law §530.l3.

8. On or about July 21, 2008, Trooper Keith Kloster ofthe New York

State Police served Mr. Montgomery at his home with a criminal summons dated July 14,

2008, alleging Trespass, a violation of Penal Law §140.05, and Criminal Contempt in the

Second Degree, a violation ofPenal Law §215.50(3), for allegedly walking on Thomas

DeMasi's property on June 6, 2008, in violation of the May 13,2008, order ofprotection.

Mr. Montgomery appeared in the Lyme Town Court on the day he was served with the

summons; he was arraigned on the Trespass and Criminal Contempt charges by

respondent and released on his own recognizance. On or about August 4, 2008, Jane G.

LaRock, Esq., filed a written notice of appearance as counsel for Mr. Montgomery.

9. On or about September 26, 2008, Mr. Montgomery was arrested at

his home by New York State Troopers for the offenses of Harassment in the Second

Degree, a violation of Penal Law §240.26(3), and Criminal Contempt in the Second

Degree, a violation of Penal Law §215.50(3), for allegedly harassing Mr. DeMasi on

August 22,2008, in violation ofthe order ofprotection issued on May 13,2008. Mr.

Montgomery was processed on the Harassment and Criminal Contempt charges at the

Watertown barracks of the New York State Police and released on an appearance ticket.

3

, .

On or about September 29,2008, Ms. LaRock filed a written notice of appearance as

counsel for Mr. Montgomery in this case.

10. On or about May 13,2009, Mr. Montgomery's attorney filed a

motion in the Lyme Town Court alleging, inter alia, that respondent acted without

authority and contrary to Criminal Procedure Law §530.13, when he issued the May 13,

2008, orders of protection because no criminal action was pending against Mr.

Montgomery on that date. The District Attorney opposed the motion.

11. On or about August 8, 2009" respondent dismissed all pending

charges on the ground that the May 13,2008, orders ofprotection were improperly issued

in the absence of a pending criminal proceeding.

12. By reason of the foregoing, respondent should be disciplined for

cause, pursuant to Article 6, Section 22, subdivision (a), of the Constitution and Section

44, subdivision 1, of the Judiciary Law, in that respondent failed to uphold the iJ;!tegrity

and independence of the judiciary by failing to maintain high standards of conduct so that

the integrity and independence ofthe judiciary would be preserved, in violation of

Section 100.1 of the Rules; failed to avoid impropriety and the appearance of impropriety,

in that he failed to respect and comply with the law and failed to act in a manner that

promotes public confidence in the integrity and impartiality of the judiciary, in violation

of Section 100.2(A) of the Rules; and failed to perform the duties ofjudicial office

impartially and diligently, in that he failed to be faithful to the law and maintain

professional competence in it, in violation of Section 100.3(B)(I) of the Rules.

4

As to Charge II

13. On or about April 14, 2009, Linda DeMasi and Thomas DeMasi sent

respondent a letter: (1) advising that the May 13, 2008, orders ofptotection were about to

expire, (2) requesting that respondent extend the orders and (3) requesting that the new

on!ers include a "stay away" provision.

14. Inor about April 2009, Peggy Chambry, Walter Chambry, Krista

Chambry, Kevin Chambry, Donna Walsh and Corey Walsh also sent respondent a letter:

(I) advising that the May 13,2008, orders ofprotection were about to expire, (2)

requesting that respondent extend the orders and (3) requesting that the new orders

include a "stay away" provision.

IS. On May 11,2009, without prior notice to Mr. Montgomery or his

attorney, respondent issued two orders of protection, copies of which are annexed as

Exhibits C and D. One order listed the following as protected persons: Linda DeMasi,

Thomas DeMasi and Michael DeMasi. The second order listed the following as protected

persons: Peggy Chambry, Walter Chambry, Krista Chambry, Kevin Chambry, Donna

Walsh and Corey Walsh. Each order included a "stay away" provision.

16. On May 12,2009, the court mailed the two orders ofprotection

issued against Mr. Montgomery by respondent on May 11,2009, to Mr. Montgomery.

17. Respondent also improperly included a provision in each order

directing Mr. Montgomery to surrender any and all firearms that he owned or possessed,

without finding that, or even considering whether, any of the factors mandated by

Criminal Procedure Law §530.14 had been established.

5

18. On or about August II, 2009, respondent wrote to Linda DeMasi,

Thomas DeMasi, Michael DeMasi, Peggy Chambry, Walter Chambry,- Krista Chambry,

Kevin Chambry, Donna Walsh and Corey Walsh and advised each of them: (I) that the

May 11,2009, order was "based on a procedural error" and was invalid, (2) that the order

was "vacated effective immediately," and (3) that they could not re-apply for an order of

protection unless a criminal action was pending in his court.

19. By reason of the foregoing, respondent should be disciplined for

cause, pursuant to Article 6, Section 22, subdivision(a), of the Constitution and Section

44, subdivision I, of the Judiciary Law, in that respondent failed to uphold the integrity

and independence of the judiciary by failing to maintain high standards of conduct so that

the integrity and independence of the judiciary would be preserved, in violation of

Section 100.1 of the Rules; failed to avoid impropriety and the appearance of impropriety,

in that he failed to respect and comply with the law and failed to act in a marmer that

promotes public confidence in the integrity and impartiality of the judiciary, in violation

of Section 100.2(A) of the Rules; and failed to perfonn the duties ofjudicial office

impartially and diligently, in that he failed to be faithful to the law and maintain

professional competence in it, in violation of Section 100.3(B)(I) of the Rules ..

Mitigating Factors

20. Respondent has been cooperative with the Commission throughout

its inquiry.

21. Respondent mistakenly believed he was acting within his authority

when he issued all of the orders of protection.

6

22. Respondent has no previous disciplinary record. Respondent regrets

his failure to abide by the Rules in 1his instance and pledges to accord his conduct with

the Rules in the future.

IT IS FURTHER STIPULATED AND AGREED that respondent

withdraws from his Answer any denials or defenses inconsistent with this Agreed

Statement of Facts.

IT IS FURTHER STIPULATED AND AGREED that the parties to

this Agreed Statement of Facts respectfully recommend to, the Commission that the

appropriate sanction is public Censure based upon the judicial misconduct set forth

above.

IT IS FURTHER STIPULATED AND AGREED that if the

Commission accepts this Agreed Statement ofFacts, the parties waive oral argument

and waive further submissions to the Commission as to the issues of misconduct and

sanction, and that the Commission shall thereupon impose a public Censure without

further submission of 1he parties, based solely upon this Agreed Statement. If the

Commission rejects this Agreed Statement of Facts, the matter shall proceed to a

hearing and the statements made herein shall not be used by the Commission, the

respondent or the Administrator and Counsel to the Commission.

7

Dated: '/S-/ :l-

Dated: IIS' If L

Dated: \) \ ,,} W I'"l-

Honor Robin J. Curtis

7{2Andrew N. Capone, Esq.Capone Law Finn, LLP

8

~ , p·!li!in:d Ji'OI,'m 2 10/02At a term orthet.Y/Y'oe J t.f,J 'k<e. Court County of ' ftlf..<iJ,uat th~ Courthouselat (address) I'M ut, CkllkWt DIJ1ifate orNe\'\' Xorl{

ORDER OF PROTECTIONNon-FnmUyOffense - C.P.L. 530,13 1

(Not involving victims of (lomestic violence)

o Youthful Offender (check if applicable)Pan IndexiDocketNo. ?--c ~ 2-Indictnient No., if any: _

Charges_~-,"C<,...--_,-__~__(Check one): ;ra:'lti parte

o Defendant Present in CourtDefendant ;Date (If Birth:

People of the State of New York~against-

OR! No:Order No:NYSIDNo:

Present Hon _'i~2~o.oe~,.!:'J=-..\C~"l.1!LI1~,-,f,,,-,;,5 _

NOTICE: YOUR FAlLURE TO OBEY THIS ORDER MAY SUBJECT yaU TO MANDATORY ARREST ANDCRIMINAL PROSECUTION, WIDCH MAY REsULT IN YOUR INCARCERAnON FOR UP TO SEVEN YEARSFOR CONTEMPT OF COURT. IF THIS IS A TEMPORARY ORDER OF. PROTECTION AND YOU FAlL TOArPEARIN COURT wHEN YOU ARE REQillREDTO DO SO, THIS ORDER MAY BE EXTENDED IN YOURAllSENCE AND CONTINUE IN EFFECT UNTIL YOU REAI'PEAR IN COURT.

titEMPORARY OltoER OFyROTECTJON. Whereas good calise has heen shown for the issuance ora temporary order ofprotection [as a conditron of2rtecognizance 0 release on bail 0 adjournment in contemplation ofdismissal],o ORDER OF PROTECTION. Whereas defendant has been convicted of [specifY crime or violation):

and the Court hnving made a determination 'tn accordance with seclion 530.13 of the Criminal Procedure Law,IT IS HERERY ORDERED that the above-named defendant observe the following conditions ofb~havior:

(Check applicable Ilatagraphs and subparagraphs):o Stay away from 0 [name(s) of protected person(s) or witness(es)}:' _

and/or from the a home of~------_--~-------------__-_o school of ~_~ -----

o business of--o -=-__~ _,_-------_-o place ofemployment of ~ '___~

Gather . ;cr' .Refrain from communi,qltion or any other ontapt b)'mail lelljphone, e-mail, voice-mail or other means with [specify

.-/protected person(s)]: reI!!. 5"0.,] t. . sT'r: i'i-e (G W . .;

B"" Refrain frOm assaull, stalking, !massmen.t. menacing, reckless endangerment, disorderly conduct, intimidation, threats orany criminal offense or interference with the victim or victims of, or designated witnesses to, the alleged offense andsuch mem~e'(l oflhe family or h~useholdof such vi tim(s) or w!tness(~)as shall be Specificrlly name.d(specify]: ~ ,,fa,,, IJ..e 11Ihc.. , .e ;/'JeI1<\r?-"if

o Surrender any and all handguns. iSIOls, re\To!vers, rines, shotguns and other fireanns· owned or possessed, including, bUInot limited 10, the following: Such surrender shaH take placeinunediately, but no lafer than [specify dllteltime): at: -A-:

0"'.Specify other conditions defendant must observ;: Do Dtt 111...'f~'fI9S~ ttiJ titl-Pj«( m"le~&

IT IS FURTHER ORDERED thai Ule ahove·named Defendant's license to carry, possess; I·epa.ir ,sell or otherwisedispose ora firearm or firearms, ifany, pursuant to Penal Law ~400.00, is hereby 0 sltSpended or.Drevoked (note: fiillllorder only), and/or 0 the Defendant shall remain ineligible to receive a fireann Jicenseduring the period of this order.(Check nil applicable boxes). NOTE: If t!lis paragrapb is cheeked, n copy of this form must be sent to: New YorkState P.olicc, Pistol Permit Section, State Campus Building #22, 1220 Washington Avenue, AlbanJ',NewYorlc12226·-1,"..:":.1.

o Warrant issued for Defendant·

tJUSTICECOURT (COURT SEAL)

Time:

o Defendant advisp.d in C<:lurt Qfis~uance of Order.Received by Defendant_~~__~__

(signature)o Service Ex~cuted Date: _

IT IS F1JRTHER ORDERED that this order of p. otectj shalf remain in effect until L-8DATED, ,5=-IJ -Or

I. 1 Use th~s rorm for non-(amily offense orders of protection; issued pursuant to CPt §530.13, that are nolIssued to prolect VIctIms ofdomestic Violence. as defined by Social Services Law §459-a and thus lire not-enteredonto the stalewide domestic 'viulence .registry. See Exec. 1. §221 ~ll{l); CPt §53g.l3.

'fhe Criminal Procedure La". provides that presentation ofa copy ofthis order of protection to any police officer or peaceofficer acting pursuant to his or her special duties shaU alliitorize, and in some situations may require, such officer to arrest a

. defend<Jllt who hall violated its tenns and to bring hini or her before the Court 10 fnce whatever penalties may be imposed therefoL

F~de~nr law provi~es that this order must be honored and enforced by state and tribal courts, including courts of a staTt, theDIstrict o~CoJlImbla, ~ c?mnlOnwealth, territory or possession of tile United States, ifit is established tJlat the person against whomthe order 1$ sought an mlllnate partner of the protected party and has been or will be afforded reasotlflhle notice and_opportur1ity tobe heard in accordance wilhstate law sufficient lO protect that person's rights (18 U.S.C. §~2265, 2266).

It iS::I f.edl!:l1l offense to: cross state lines to violate ari orderofprotectiou; cross state lines to engage in stalking, harassment ordomestIC VIOlence; possess, purchase, ship, transfer or receive a handgun, rifle, shotgun or other fireann or ammunition following acooviction of a domestic violence mis~emeanor involving the use or attempled use ofphysicnl force or a deadly weapon; or(except for military or law cuforcement officers while on.duty) possess, purchase, ship,_transfer or receive a handgW1, tiile, shotgun?r ?Iher fireann or ammunition while an order orproteetion, issued after notice and an lJPPortunity to be heard, that protects anIntmmte partner from assault, harassment, threatening and/or stalking, remains in effect(18 U.S.c. §§922(g)(8), 922(g)(9),_22"6.',.....i!!~~!!i!!!!!"iiiiiill2261 A, 2262). . 4

EXHIBIT

fI-

People, offlle State of New York-against..

- r Crimlnal Fornl 2 10/02At a term Q(theLYrh <2.. JfAsita? COllrl ,Coontyof .I t!++:e ","S'dNat the COUrUIQUSe at (address) eqBu4 CIj/lHm.,N TStatc orNe\'\' york

ORDER OF PROTECTIONN{)ll~Famil)'Offense - C.P.L. 530.13'(Not involvlllg victims of domestic violence)o Youthful Offender (check if applicable)Pnrt IndexIDocket No. f(- '5: ~ IIndi~No., if any: ~_

Charges _,---,=_----: _(Check one): 10'E:x parte

o Defendant Present itl CourtDefendantDate of Birth:

ORY NB:Order No:NYSIDNB:

Present Hon -:;<;tt tJ J :;

NOTICE: YOUR FAILURE TO OBEY THIS ORDER MAY SUBJECT YOU TO MANDATORY A.F.l.\EST ANDCRIMINAL PROSECUTION, WmCI!,MAY RESULT IN YOURINCARCEl'tATJON FOR 'UP TO SEVEN l'EARSFOR CONTEMPT OF COURT. IF TinS IS A TEMPORARY ORDER OF PROTECTION AND YOU FAIL TOAPPEAR IN COURT WHEN YOU ARE REQUlRED TO DO SO, THIS ORDER MAY DE EXTENDED IN YOURABSENCE AND CONTINUE IN EFFECT UNTIL YOU REAPPEAR IN COURT.

0'TEMPORARY ORDER Ojy"ROTECTION. WhereM good canse has been s]lOwn forthe issuance ofa temporary order ofproteCtion [as lr condition of0'n;cognizance 0 release on bail 0 adjournment hl contemplation of dismissal],o ORDER OF' PROTECl'lON. Whereas defendant has been convicled of [specify crime or violation):

and the Court having made a determination inliccordance with section 530.13 oftlle Criminal Procedure Law.IT IS HEREBy ORDERED that the above~named defendant observe the follo",.-jng conditions of behavior:

(Check applicable paragraphs .and SUbparagraphs):o Stay away from 0 [name(s) orprotected person(s) or witness(es)],, _

and/or from the 0 home of~__~ ~ '_ _

o SChO~~1O~f~~§:~~~~~~~~~~~~~~~~~~~~~~~~o business ofo place of employment ofo other

6 Refrain from communixstioll or any' otl er contact by J!l3.i1 telephone, e-mail, voice-mail or other metiDS wilh [specify. .,..Lprolectcd person(s)]: r-i'I!S~d"";~}lf( ( 1St w, . ;C3' RefraIn from assault, stalking, harassmcllt, menacing, reckless endangerment, disordcrly conduct, intii11idation, threats or

any ,criminal offense or interference with the victim or victims of. or'designated witnesses to, the alleged offense lindsuch members 9fthe amily or hpl,lsehold of such victbn(~) r witness(es) as sha~l b~ rpecificall¥: named . I

(",,,,,ify), P. (. '.16/'1 W, 'lJlnl1lJ.Y.J.eg,j}O:llIM~Y, ))JMJII1Jrt'>~ f w'llJ&s~o SUlTender any and all hSlldglms,pislols, revolve s, rifles, shotgllllS' '111cl ~ther firearms owned or possessed, in6hi'ding, but

not limited to, the following: Such' surrender shall take place

immediately, but no jater-than [specify dateltime]: at;;-'=----x-~---tr~~~-~Specifyolherconditionsdefendanfmustobserve: ha 1J,,'l 'tee/1M; tl~ q fAf¢f IPuf8dy

IT IS FURTHER OJU)ERED that Ihe above-named Defendanfs license to can'Y!...possess, repair, sell or otherwise 'dispose ofa fire:nnn or .firearms, if any, pursuant to Penal Law §400.00, is hereby U sllspendeJ orO revoked (note; finll!order only), ancVorD the Defendant shall remain ineligible to receive a fU'eann license dming the·period of this order,(Check all applicable boxes). NOTE: If this paragrapb is checked, .:l copy of (his [orm must be sent to: New YorkState Pollee, l'isto!·Pcnni( Section, Slate Campus Building #22, 1220 Washington Avenue, Albany! New York12226.~;""-'S'l.

S-IJ

o Wa17anr issued f-orDefendantTime:

o Defendallt advis~d in Court of issuance of Ortier.Received by Defendant -,,---c-..--~-----~-----­

(signature)o Service Executed Date: _

IT IS FURTHER ORDERED ,Ion! '"is ord'~';8Ir.t~n shan "ma;n in .ffe,' until

DATED: ,-11-0 I?' .JG~~V~~~~~= _JUDGE / JUSTICE

COURT (COURT SEAL)

j'he Criminal Procedure Law provides that presentation ofa coPY of this order ofprolection to any police officer or peaceofficer "cling pursuant to his or her special duties shall authorize, rind in some situations llUly require, such officer to arrest adcfendttot who has violated its !cnns and to bring him or her before the Court to face whate\'er penalties may be imposetllherefor.

F~dc~allaw provi?es that this order must be honored and enforced by state and tribal courts, including courts ofa Btate, theDlstnct o~Columbm, ~ c?tnnlonwealth, territory or pos~esslonof the United States, if it is established that the person against whomthe order .IS sought an lntu.mte partner ofth~ prOtected party and has been or will be .afforded rCIlSOIUlble notice and opportunity tobe heard m accordance wtth slltte lawsuf(iclcnt to protect thai person's r-ights (18 U.S.G. §§2265, 2266).

It is :l f:rlc:"J offense 10: cross state lines to violate an order of projection; cross stllte lines to engage in stalking, harassment ordom~stl.c vlQlence; pos~ess! purchas~, Ship, transferor fcceive a handgun, riflc. shotgun or other fireilml or ammunilionJoJlowing aconVIctIOn of.a.domeslic Violence nusdemeanor involvlJlg the use or attempted use ofphysical force or a deadly weapon; or(except for ffilhtmy or law enforcement officers while on duty) possess, purchase, ship, transfer or receive a handgwl, rifle, sholgun?r ?ther firearm or ammunition while an order ofprotectiol1, issued after notice .and an opportunity to be heard, that protects anintImate partner hom assault, harassment, threatening and/or stalking, remains in. effect (18 U.S.C. §S922(g)(8), 922(g)(9), 2 lljj".!!!!~~~=IIi.1o2251A, 2262). . ~

EXHIBIT)

1 Use this fonn for non-family offense orders ofpr'otection issued pursuant to CPL §530.13 tha.t are notiissued to protect victims of domestic violence. as defined by Social S~rvices Law §459~a and thus are ~ot entcredonto the statewide domestic violence registry. See Exec. L. §22J-2(1); CPL §530.J3.

DefendantDate of Birfh: 02/06/1945

Present: Hon.~__R","ob~i~D~J~,C~'~H~ti~s,- ~

ORI No: =N~Y~O~2~2~2~ll~.J=Order No: 9_5_2NYSID No: 4126141H

People of the State of New Vorlt

~againstw

Amold B. Montgomery

Criminal Form 2- 10/02At R term of _the I vrne Court Cou nly of...l.l!eaf~f,~r5~Qwn,-::- ",_-::-_at the Courthouse at (addres&) Lvme Town COUlt State of New York

ORDER OF PROTECTIONNonwFamily Offense· c.P,L. 530,13(Not involving victims of domestic v!olence)

o Youthful Offender (check if applicable)Part Index/Docket No. 08070026Indictment No.,ifany:Charges: .

(Check One): 0 Ex Parteo Defendant Present In Court

NOTICE: YOUR FAILURE TO OBEY THIS ORDER MAY SUBJECT YOU TO MANDATORY ARREST ANDCRIMINAL PROSECUTION; WHICH MAY RESULT IN YOUR INCARCERATION FOR UPTO SEVEN YEARSFOR CONTEMPT OF COURT. IF THIS IS A TEMPORARY ORDER OF PROTECTION AND YOU FAIL TOAPPEAR IN COURT WHEN YOU ARE REQUIRED TO DO SO, THIS ORDER MAYBE EXTENDED IN YOURABSENCE ~ND CONTINUE IN ~FFEq UNTIL YOU REAPPEAR IN COURT•.

ClTEMPORARY ORDER OF PROTECTION. Whe~asgood cause has been showl1 for the issuance ofa temporary order ofprotection (as a condition of0 recognizance 0 release on oai! 0 adjournment to contemplation ofdismiss.al]o ORDER OF PROTECTION. Whereas ,defendant has been convicted of [specify cril)'le or violation]: .

o

and the Court having made a determination in accordance with section 530.13 of the Criminal Procedure Law,IT IS HEREBY ORDERED that the _above·named def.endant observe the following conditions of behavior;

(OteS!, applicable ParagNlpbs and Subparagraphs)"'i2t Stay away from a [name(s) ofprotected person(s) orwitness(es)]: . Linda, Thomas. M'ichael Demasi, and or from the 0 home of Linda. Thomas. Michael Demasi

Q ,school of Lil,da. Thomas, Michael Demasio business of Linda. Thomas, Michael Demasio place of employment of Linda, Thomas. Michael Demasio othel' Linda, Thomas, Michael Demasi

Refrain from communication or any other contact by mail, telephone, e-mail, voice»mail or other means with [specifyprotected pers.on(s)]: r iodn Thomas Mjchael Demasi . .;Refrain from assault, stalking, harassment, memlcing, reckless endangerment, disorderly conduct, intimidation, threats, orany crimfnal offense or interference with the victim or victiins of. or designated witnesses to, the alleged offense andsuch members of tlle- family or household of such victim(s) orwitness(es) as shall be specifically named

['pecify): __..-:-_..__.._-_.._--_.._------_,,_--;Surrender any and all handguns, pistolS, revolvers, rifles, shotguns and otber fireanns owned or possessed, including, but

not Hm;ted to, thefollow;ng: _.,j,'"S~'~' i',}DcIe"."aIf,!'.~,e,' PI""'Z,/t, >I "Vimmediately, but no later than [specify date/time]: S"''''?I~a t) ""1l.]'. 1d!fi£@!!.V =! __L_J (()v,. -;

Specify other conditions defendant must observe:

o Warrant issued for DefendantTime:1:1 Service Executed Date."' ~

o Defendantadvised in Court of issuance of Order.

Received by Defendimt _--,-~--,--,---~_---_------_(signature)

IT IS FURTHER ORDERED that [he 'abQve~named Defendant's license to CIlJTY, possess., repair, sell or otherwisedispose ofa firearm- or fireanns, ifany, pursuant to Penal Law40Q.OO, is hereby:O suspended or 0 revoked (note:finalorder only) and/ol' Othe Defendant shall remain ineligible to receive a fireann license during the period ofl:his order,(Check all applicable boxes). NOTE: If this pantgraph is checked, II cop)' of this fOl'm must be sent to:-New York5t9te Police, Pistol Permit Section, Strite Campus Building #22, "1220 Washington Avenue, Albany, New York12226-2252.

IT IS FURTHER ORDERED that this or

DATED, ·May JI, 2009JUDGE / JUSTICE

COURT (COURT/SEAL)

The Criminal Procedure Law provides that presentation ofa copy of this order of protection to any police officer or pellceofficer acting pursuant to his or her special duties shall authorize, and in some situations ri1ay require, such officer to arrest adefendant who has violaled its lenus and to bring him or her before the. Court to face whatever penalties may be imposed therefor.

Federal law providcslhat this order IriiiSt be hOl'tcired and enforced by state arid tribal cciurts,hlcluding courts ofa sUiter theDis.trict of Columbia, a commonwealth, territory or possession of the United States, if it is established that the person against whomthe order is sought an intimate partner of the protected party and has been or will be afforded reasonable notice and opporttmity tobe heflrd in accordance with state law sufficient to protect that person's rights (18 U.S.C, 2265, 2266).

It is II federal offense to: cross state lines to violate an order of protection; cross state lines to engage in stalking, harassment ordomestic violence; possess, purchase, ship, trnnsfer or receive a handgun, rifle, shotgun or other fireann or ammunition following aconvictiollofa domestic violence misdemeanor invoiving the use or llttempted lise of physical force or_a deadly weapon; or(except for military or law enforcement officers while on duty) possess, purchase, ship, transfer or receive a handgun,_rifle, shotgunor other fireann'or ammunition while an order of protection, issued after notice and an opportunity 10 be heard, that protects anintimate partner ITom assault, harassrrient, threatening and/or stalking, remains in effect (18 V.S.C. 922{g)(8), 922(g)(9), 2261,226] A, 2262).

Present Hon .. ~R~ob~i~n~J~. ~C~u~rt~i,,"- _

aRI No:Order No:

NYSID No:

NVOZ1211J

9-5=34116241H

Criminal Form 2 10/02At a term of the 1,vrne Court County of jl~effi'~el~·'~Q!~I.,--_.....,.,--.,--.,--

at the Courthouse at (address) Lyme Town Court State of New-Yorl{

ORDER OF PROTECTIONNon~Family Offense - C.P.L. 530.13 -(Not involvhlg vktims of domestic violence)

People of the State of New YOl'k

-agniust-

Arnold B. MontgomeryDefendant

Date of Birth: 02/0611945

a _Youthful Offender (check ifapp-licable)Part Jndex/Docket No. 08070026

Indictme""t'~N:O~.~,i~f:":'Y~:~=======Charges:_

(Check One): 0 Ex ParteD Defendant Present In Court

'NOTICE: YOUR FAILURE TO OBEY THIS ORDER MAY SUBJECT YOU TO MANDATORY ARREST ANDCRIMINAL PROSECUTION, WH1CH MAY RESULT IN YOUR INCARCERATION FOR UP TO SEVEN YEARSFOR CONTEMPT OF COURT. IF THIS IS A TEMPORARY ORDER OF PROTECTION AND yOU FAIL TOAPPF.AR IN COURT WHEN' YOU ARE REQUIRED TO DO SO, THIS ORDER MAYBE EXTENDED, IN YOURABSENCE AND.CONTINUE IN EFFECT UNTIL YOU REAPrEAR [N COURT.

D TEMPORARY ORDER OF PROTECTION. Whereas good cause has been shown for the issuance ofa temporary order ofprotection {as a condition ofD recognizance 0 release on oatl 0 adjoumment in contemplation of dismissal]DORDER OF PROT"&CTION. Whereas defendant has been convicted of[speciry crime or violationl

and the Court having made a determination in accordance with section 530:13 of tile Climinal Procedure Law,IT IS HEREBY ORD.ERED that the above~lllimeddefendant observe the following conditions of behavior:

(Cheek npplicabl~Paragraphs and-Subpa-ragraphs)~Stay away from 0 [name(s)'ofprotected p~rson<s)or witness(es)]: Peggy, Walter, Krista Kevin Chambry DOl1na, Corey/ and or from the a. home of Peggy. Walter, Krista Kevin ChambryWahl~Corey Walsh

.0 school of Peggy. Walter. Krista Kevin Chambry Donna, Corey Walsho business of Peggy, Walter, Ktista Kevin Cbambry Donna. Corey Walsho place of employment of Peggy. Walter. Krista Kevin Cllambry Donna, Corey Walsho . other Peggy. Walter, Krista Kevin Chambry Donna, Corey Walsh

~Refrain from comrilLlnication or any other contact by mail, telephone, e·mail, voice..mail or other means with [specify

prote~ted persoii(s)J: pe.g8Y Wn1fe!0) Krista Ke~rjn Cbambry Donna, CoreJ' U:"lsb . '" ,;.Refram from assault, stalkmg, harassme.nt, menacmg, reckless endangerment, dlSOtderly conduct, IlltllnLdatlOn, threats, 01'

any criminal offense or interference with the victim-or victims of, or designated witnesses tOi the alleged offense andsuch members of the family or household ofsuch victim{s) or witness(es) as shall be specifically named[specify]: ,

.~SUIT~n~er any and all ha~dguns, pistols, revolvers, rifles, shotguns and other firearms owned or possessed, in~Juding,-but

/ not llmlted.to, tbe follOWing: , Such sUli?~er shall t~!ffi.~ ~I J ,Jy:immediately, but no later lIlan [specify date/time]: S-... ?/.--t!) 7 at: N>t rp ?-L' 1(1#w. "J f,

o SP.ecify other conditions defendant must observe: I (?tJ.

EXHIBIT ~

I 0:o Warrant issued for Defendant

JUDGE /JUSTICECOURT (COURT/SEAL)

Time:o Service Executed pate: _

o Defendant advised in Court of issuance of Order.Received by Defendant _-;~.,--_.,...- _

(signature)

IT IS FURTHER ORD~REDthat the above-named Defendant's license to ,can)', possess, repair, sell or otherwisedispoS"e ofa firearm or firearms, if any, pursuant to Penal La~ 400.00, is herebY:Osuspended or 0 revoked (note:finalorder only) and/or Othe Defendant shall remain ineligible to receive a firearm license during the period of this order,(Check all applicable boxes), NOTE.: If this pa-rngraph is checked, a copy of this form must be sent to: New York·State Police, Pistol Permit Section; Slate"Campus Building #22,.1220 Washington Avenue, Albany, New Vork12226-2252. .

IT IS FURTHER ORDERED that this or

DATED: May 11,2009

The Criminal Procedure Law provides that presentation ofa copy of this order of protection to any police officer or peaceofficer acting pursuant to his or her special duties shall authorize, and in some situations may requ,ire, such officer to arrest adefendant who has violated its terms and to bring him or her before the Court to face whatever penalties may be imposed therefo!',

Federal law providesthat this order must be honored and enforced by state anO.tribal couftS,incrudingcourts of a_state, theDistrict of Columbia, a commcmwealth, territory- 01' possession of the United States, jf it is established th~t the person against whomthe order is sought an intimate partner of tile protected party and has been or will be afforded reasonable notice and opportunity tobe heard in accordance with state law sufficient to protect that person's rights (18 U.S.C, 2265, 2.266).

It is a federal offense to: cross state lines to violate an order of protection; cross state lines to eng"ge in stalking, harassment ordomestic violence; possess, purchase, ship,transfer or receive a handgun, rifle, shotgun or other firearm or ammunition following aconviction ofa domestic violence misdemeanor involving'the use or attempted use ofphysicl.Il force or a deadly weapon; or(except for miliiary or law enforcement officers while on duty) possess, purchase, ship,_ tl"ansfer or receive a handgun; rifle, shotgunor other fireann or ammunition while an orde·l' of protection. issued after notice and an opportUnity to be heard, that protects anintimnte pl'll'tner /Tom assault, harossment, threatening and/or stalking, remains in effect{18 U.S ,C. 922(g)(8), 922(g)(9), 2261,2261A, 2262)0