N.Y. Mental Hygiene Law § 9.35: Review of court authorization to retain an involuntary patient

§ 9.35 Review of court authorization to retain an involuntary patient.

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

retention, or transfer and 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 mental illness and the need for

retention of the patient so authorized to be retained. Any such patient

or the person applying on his behalf for such review may waive the trial

of the fact by a jury and consent in writing to trial of such fact by

the court. No such petition for rehearing and review shall 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 does not have a mental illness 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 mental illness 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 mentally ill person, to, and filed with, the director

of the hospital in which the person with a mental illness 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 a notice and after a

hearing, with provisions made therein for such temporary care or

confinement of the alleged person with a mental illness as may be deemed

necessary.