New York's statutory scheme for the issuance of temporary and final orders of protection violates the minimum fundamental procedural due process requirements established by this Court. Under New York's statutory framework, a defendant is not afforded with prior notice and is not given a right to an opportunity to be heard. Even where a defendant seeks a hearing, he must do it through a motion which may be denied without a hearing. A defendant has no right to appeal the issuance of a temporary order of protection nor the denial of a motion seeking a hearing. New York thus deprives its citizens of fundamental rights, including but not limited to parenting and the right to bear arms through its statutory framework without notice or an opportunity to be heard.

1. Whether New York State's statutory framework which permitted a court to issue an order of protection depriving a defendant of access to his children and his right to bear arms without notice or an opportunity to be heard and misrepresents that such notice or a hearing was provided by falsely stating defendant and his attorney were present in court when the order was issued, and thereafter issues an order prohibiting the defendant and his attorney from filing a motion seeking to vacate or modify the order to which the defendant has no right to appellate review in New York, violates procedural due process?

Whether New York State's statutory framework violates procedural due process