Fourth Department - Extreme Risk Protection Act: NYS Police v. Galliher

Daily Record Staff//May 15, 2026//

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Extreme Risk Protection Act — Sufficiency of evidence

CA 25-00442

Appealed from Supreme Court, Oneida County

Background: The petitioner appealed from a final extreme risk protection order against the respondent pursuant to the Extreme Risk Protection Act. The respondent and several other Department of Corrections and Community Supervision correction officers participated in the gang assault of a restrained incarcerated individual who died as a result of his injuries.

Ruling: The Appellate Division reversed. The court held that the evidence established that the respondent participated with others in an act of violence against an inmate via retrieved bodycam footage used at the hearing. The petitioner had grabbed the victim and held him down while other officers kicked him.

Sarah Coco, of the NYS Office of the Attorney General, for the petitioner-appellant; Kevin A. Luibrand, of Luibrand Law Firm, for the respondent-respondent.

Oral argument video