N.Y. Mental Hygiene Law § 31.19: Confinement, care, and treatment of the mentally disabled

§ 31.19 Confinement, care, and treatment of the mentally disabled.

(a) No individual who is or appears to be mentally disabled shall be

detained, deprived of his liberty, or otherwise confined without lawful

authority, or inadequately, unskillfully, cruelly, or unsafely cared for

or supervised by any person.

(b) If the commissioner has reason to believe that this section is

being violated or that services for the mentally disabled are being

provided in violation of this article, he shall promptly investigate the

matter. If he finds, after notice to the person accused of the

violation and opportunity for such person to be heard, that there has

been a violation, the commissioner shall issue an order directed to the

person who has committed the violation directing him to cease and desist

from the violation.

(c) The commissioner may bring the following proceedings in the

supreme court, in accordance with the provisions of section 31.21:

1. for an injunction where the person to whom a cease and desist order

is directed has failed to comply therewith.

2. for a temporary restraining order where the commissioner has reason

to believe that a violation of this section may result in injury to any

person.

(d) Nothing in this section shall prevent the commissioner from taking

whatever action he deems necessary for the suspension, revocation, or

limitation of the operating certificate of a provider of services which

has been charged with a violation of this section.