N.Y. Mental Hygiene Law § 15.35: Review of court authorization to retain an involuntary resident

§ 15.35 Review of court authorization to retain an involuntary resident.

If a person who has been denied release or whose retention or

continued retention has been authorized pursuant to this article, or any

relative or friend in his behalf, be dissatisfied with any such order he

may, within thirty days after the making of any such order, obtain a

rehearing and a review of the proceedings already had and of such order

upon a petition to a justice of the supreme court other than the judge

or justice presiding over the court making such order. Such justice

shall cause a jury to be summoned and shall try the question of the

developmental disability and the need for retention of the resident so

authorized to be retained. Any such resident or the person applying on

his behalf for such review may waive the trial of such fact by a jury

and consent in writing to trial of such fact by the court. No such

petition for rehearing and review may be made by anyone other than the

person so authorized to be retained or the father, mother, husband,

wife, or child of such person, unless the petitioner shall have first

obtained the leave of the court upon good cause shown. If the verdict of

the jury, or the decision of the court when jury trial has been waived,

be that such person is not developmentally disabled or is not in need of

retention the justice shall forthwith discharge him, but if the verdict

of the jury, or the decision of the court where a jury trial has been

waived, be that such person has a developmental disability and is in

need of retention the justice shall certify that fact and make an order

authorizing continued retention under the original order. Such order

shall be presented, at the time of authorization of continued retention

of such person with a developmental disability, to, and filed with, the

director of the school in which the person with a developmental

disability is authorized to be retained, and a copy thereof shall be

forwarded to the department by such director and filed in the office

thereof. Proceedings under the order shall not be stayed pending an

appeal therefrom, except upon an order of a justice of the supreme

court, made upon notice and after a hearing, with provisions made

therein for such temporary care or confinement of the alleged person

with a developmental disability as may be deemed necessary.