§ 80.09 Right of appeal; temporary restraining order.\n The patient, declarant, a parent, spouse, adult child, conservator,\nlegal guardian, committee of the person, or other available surrogate\nauthorized by regulation in accordance with section 33.03 of this\nchapter or correspondent of the patient, the mental hygiene legal\nservice, or the director of the patient's residential facility may apply\nto the supreme court for review, pursuant to article seventy-eight of\nthe civil practice law and rules, of whether a determination by a panel\nis supported by substantial evidence. If a trial is required, it shall\nreceive an immediate preference, as provided for in rule thirty-four\nhundred three of the civil practice law and rules.\n Within the discretion of the court, a temporary restraining order may\nbe granted by the supreme court to facilitate appeal by a proper party,\nunless it is found by the court to be inconsistent with a need for more\ntimely medical attention. In the event such an order is granted, the\ncourt shall conduct an expedited review of the panel's determination.\n
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