N.Y. Mental Hygiene Law § 10.13: Appeals

§ 10.13 Appeals.

(a) The attorney general may, in the appellate division of the supreme

court, seek a stay of any order under this article releasing a person

under this article.

(b) The attorney general may appeal as of right from an order entered

pursuant to subdivision (k) of section 10.06 of this article dismissing

the petition following a determination that probable cause to believe

that the respondent is a sex offender requiring civil management has not

been established. No appeal may be taken from an order entered pursuant

to subdivision (k) of section 10.06 of this article determining that

probable cause has been established to believe the respondent is a sex

offender requiring civil management. Both the respondent and the

attorney general may appeal from any final order entered pursuant to

this article. The provisions of articles fifty-five, fifty-six, and

fifty-seven of the civil practice law and rules shall govern appeals

taken from orders entered pursuant to this article.

(c) In connection with any appeal, a respondent who is or becomes

financially unable to obtain counsel shall have the right to have

appellate counsel appointed on his or her behalf. Such counsel shall be

appointed by the court to which an appeal is taken. If possible, the

court shall appoint the mental hygiene legal service. In the event that

the court determines that the mental hygiene legal service cannot accept

appointment, the court shall appoint an attorney eligible for

appointment pursuant to article eighteen-B of the county law, or an

entity, if any, that has contracted for the delivery of legal

representation services under subdivision (c) of section 10.15 of this

article.