2006 New York Code - Petition.

 
    §  7002.  Petition. (a) By whom made. A person illegally imprisoned or
  otherwise restrained in his liberty within the state, or one  acting  on
  his behalf or a party in a child abuse proceeding subsequent to an order
  of  the  family  court, may petition without notice for a writ of habeas
  corpus to inquire into the cause of such detention and for  deliverance.
  A judge authorized to issue writs of habeas corpus having evidence, in a
  judicial proceeding before him, that any person is so detained shall, on
  his own initiative, issue a writ of habeas corpus for the relief of that
  person.
    (b)  To  whom  made.  Except  as  provided  in  paragraph five of this
  subdivision, a petition for the writ shall be made to:
    1. the supreme court in the judicial district in which the  person  is
  detained; or
    2.  the  appellate  division  in the department in which the person is
  detained; or
    3. any justice of the supreme court; or
    4. a county judge being or residing within the  county  in  which  the
  person is detained; where there is no judge within the county capable of
  issuing  the  writ, or if all within the county capable of doing so have
  refused, the petition may be made to a county judge  being  or  residing
  within an adjoining county.
    5. in a city having a population of one million or more inhabitants, a
  person  held  as  a  trial  inmate in a city detention institution shall
  petition for a writ to the supreme court in  the  county  in  which  the
  charge  for  which  the inmate is being detained is pending. Such inmate
  may also petition for a writ to the appellate division in the department
  in which he is detained or to any justice of the supreme court  provided
  that  the  writ shall be made returnable before a justice of the supreme
  court held in the county in which the charge for  which  the  inmate  is
  being detained is pending.
    (c)  Content. The petition shall be verified and shall state, or shall
  be accompanied by an affidavit which shall state,
    1. that the person in whose behalf the petition is made  is  detained,
  naming  the  person by whom he is detained and the place of detention if
  they are known, or describing them if they  are  not  known;  where  the
  detention  is  by  virtue of a mandate, a copy of it shall be annexed to
  the petition, or sufficient reason why a  copy  could  not  be  obtained
  shall be stated;
    2.  the  cause  or  pretense  of  the detention, according to the best
  knowledge and belief of the petitioner;
    3. that a court or judge of the United States does not have  exclusive
  jurisdiction to order him released;
    4.  if  the writ is sought because of an illegal detention, the nature
  of the illegality;
    5. whether any appeal has been taken from any order by virtue of which
  the person is detained, and, if so, the result;
    6. the date, and the court or judge to whom made,  of  every  previous
  application  for  the writ, the disposition of each such application and
  of any appeal taken, and  the  new  facts,  if  any,  presented  in  the
  petition that were not presented in any previous application; and
    7.  if  the  petition  is made to a county judge outside the county in
  which the person is detained, the facts which authorize  such  judge  to
  act.