Judge Susan Kettner
Palumbo-Hairston moved for a hearing, seeking to modify a court-ordered temporary order of protection (TOP) in favor of residents of the subject building she lived in, with a full-stay from the premises. She claimed the TOP resulted in a deprivation of her property rights warranting an evidentiary hearing. Palumbo-Hairston was charged with arson within the 60-unit residential apartment building. Numerous requests by defense counsel to modify the TOP and permit Palumbo-Hairston to reside in her apartment were denied. The court noted the subject TOP was issued under Criminal Procedure Law §530.13 to protect victims of crimes, other than family offenses. The court stated due process did not require an evidentiary hearing in every possible case of governmental impairment of a private interest, noting the TOP was issued at the arraignment where Palumbo-Hairston was represented by counsel. The court noted while §530.10 regarding a bail hearing provided an opportunity to be heard, a full evidentiary hearing was at the discretion of the arraignment court. It concluded Palumbo-Hairston did not offer new facts to trigger the change in circumstance to review the initial determination of bail and bail conditions, denying the motion.
