New York Mental Hygiene Law Section 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 is not mentally ill 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  is  mentally  ill  and 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 mentally ill person 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 mentally ill person as may be deemed necessary.

Last modified: February 3, 2019