N.Y. Mental Hygiene Law § 80.09: Right of appeal; temporary restraining order

§ 80.09 Right of appeal; temporary restraining order.

The patient, declarant, a parent, spouse, adult child, conservator,

legal guardian, committee of the person, or other available surrogate

authorized by regulation in accordance with section 33.03 of this

chapter or correspondent of the patient, the mental hygiene legal

service, or the director of the patient's residential facility may apply

to the supreme court for review, pursuant to article seventy-eight of

the civil practice law and rules, of whether a determination by a panel

is supported by substantial evidence. If a trial is required, it shall

receive an immediate preference, as provided for in rule thirty-four

hundred three of the civil practice law and rules.

Within the discretion of the court, a temporary restraining order may

be granted by the supreme court to facilitate appeal by a proper party,

unless it is found by the court to be inconsistent with a need for more

timely medical attention. In the event such an order is granted, the

court shall conduct an expedited review of the panel's determination.