§ 9.35 Review of court authorization to retain an involuntary patient.\n If a person who has been denied release or whose retention, continued\nretention, or transfer and continued retention has been authorized\npursuant to this article, or any relative or friend in his behalf, be\ndissatisfied with any such order he may, within thirty days after the\nmaking of any such order, obtain a rehearing and a review of the\nproceedings already had and of such order upon a petition to a justice\nof the supreme court other than the judge or justice presiding over the\ncourt making such order. Such justice shall cause a jury to be summoned\nand shall try the question of the mental illness and the need for\nretention of the patient so authorized to be retained. Any such patient\nor the person applying on his behalf for such review may waive the trial\nof the fact by a jury and consent in writing to trial of such fact by\nthe court. No such petition for rehearing and review shall be made by\nanyone other than the person so authorized to be retained or the father,\nmother, husband, wife, or child of such person, unless the petitioner\nshall have first obtained the leave of the court upon good cause shown.\nIf the verdict of the jury, or the decision of the court when jury trial\nhas been waived, be that such person does not have a mental illness or\nis not in need of retention the justice shall forthwith discharge him,\nbut if the verdict of the jury, or the decision of the court where a\njury trial has been waived, be that such person has a mental illness and\nis in need of retention the justice shall certify that fact and make an\norder authorizing continued retention under the original order. Such\norder shall be presented, at the time of authorization of continued\nretention of such mentally ill person, to, and filed with, the director\nof the hospital in which the person with a mental illness is authorized\nto be retained, and a copy thereof shall be forwarded to the department\nby such director and filed in the office thereof. Proceedings under the\norder shall not be stayed pending an appeal therefrom, except upon an\norder of a justice of the supreme court, made upon a notice and after a\nhearing, with provisions made therein for such temporary care or\nconfinement of the alleged person with a mental illness as may be deemed\nnecessary.\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.