§ 10.13 Appeals.\n (a) The attorney general may, in the appellate division of the supreme\ncourt, seek a stay of any order under this article releasing a person\nunder this article.\n (b) The attorney general may appeal as of right from an order entered\npursuant to subdivision (k) of section 10.06 of this article dismissing\nthe petition following a determination that probable cause to believe\nthat the respondent is a sex offender requiring civil management has not\nbeen established. No appeal may be taken from an order entered pursuant\nto subdivision (k) of section 10.06 of this article determining that\nprobable cause has been established to believe the respondent is a sex\noffender requiring civil management. Both the respondent and the\nattorney general may appeal from any final order entered pursuant to\nthis article. The provisions of articles fifty-five, fifty-six, and\nfifty-seven of the civil practice law and rules shall govern appeals\ntaken from orders entered pursuant to this article.\n (c) In connection with any appeal, a respondent who is or becomes\nfinancially unable to obtain counsel shall have the right to have\nappellate counsel appointed on his or her behalf. Such counsel shall be\nappointed by the court to which an appeal is taken. If possible, the\ncourt shall appoint the mental hygiene legal service. In the event that\nthe court determines that the mental hygiene legal service cannot accept\nappointment, the court shall appoint an attorney eligible for\nappointment pursuant to article eighteen-B of the county law, or an\nentity, if any, that has contracted for the delivery of legal\nrepresentation services under subdivision (c) of section 10.15 of this\narticle.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.