N.Y. Civil Practice Law & Rules § 7003: When the writ shall be issued

§ 7003. When the writ shall be issued. (a) Generally. The court to

whom the petition is made shall issue the writ without delay on any day,

or, where the petitioner does not demand production of the person

detained or it is clear that there is no disputable issue of fact, order

the respondent to show cause why the person detained should not be

released. If it appears from the petition or the documents annexed

thereto that the person is not illegally detained or that a court or

judge of the United States has exclusive jurisdiction to order him

released, the petition shall be denied.

(b) Successive petitions for writ. A court is not required to issue a

writ of habeas corpus if the legality of the detention has been

determined by a court of the state on a prior proceeding for a writ of

habeas corpus and the petition presents no ground not theretofore

presented and determined and the court is satisfied that the ends of

justice will not be served by granting it.

(c) Penalty for violation. For a violation of this section in

refusing to issue the writ, a judge, or, if the petition was made to a

court, each member of the court who assents to the violation, forfeits

to the person detained one thousand dollars, to be recovered by an

action in his name or in the name of the petitioner to his use.