2006 New York Code - When The Writ Shall Be Issued.

 
    §  7003.  When  the  writ shall be issued. (a) Generally. The court to
  whom the petition is made shall issue the writ without delay on any day,
  or, where the petitioner  does  not  demand  production  of  the  person
  detained or it is clear that there is no disputable issue of fact, order
  the  respondent  to  show  cause  why  the person detained should not be
  released. If it appears from  the  petition  or  the  documents  annexed
  thereto  that  the  person  is not illegally detained or that a court or
  judge of the United States  has  exclusive  jurisdiction  to  order  him
  released, the petition shall be denied.
    (b)  Successive petitions for writ. A court is not required to issue a
  writ of habeas  corpus  if  the  legality  of  the  detention  has  been
  determined  by  a court of the state on a prior proceeding for a writ of
  habeas corpus and  the  petition  presents  no  ground  not  theretofore
  presented  and  determined  and  the court is satisfied that the ends of
  justice will not be served by granting it.
    (c) Penalty for violation.    For  a  violation  of  this  section  in
  refusing  to  issue the writ, a judge, or, if the petition was made to a
  court, each member of the court who assents to the  violation,  forfeits
  to  the  person  detained  one  thousand  dollars, to be recovered by an
  action in his name or in the name of the petitioner to his use.