2006 New York Code - Content Of Writ.



 
    § 7004. Content of writ. (a) For whom issued. The writ shall be issued
  on  behalf of the state, and where issued upon the petition of a private
  person, it shall show that it was issued upon his relation.
    (b) To whom directed.    The  writ  shall  be  directed  to,  and  the
  respondent shall be, the person having custody of the person detained.
    (c)  Before  whom  returnable.    A  writ to secure the discharge of a
  person from a state  institution  shall  be  made  returnable  before  a
  justice  of the supreme court or a county judge being or residing within
  the county in which the person is detained; if there is no such judge it
  shall be made returnable before the  nearest  accessible  supreme  court
  justice  or  county  judge.   In all other cases, the writ shall be made
  returnable in the county where it was  issued,  except  that  where  the
  petition  was  made  to  the supreme court or to a supreme court justice
  outside the county in which  the  person  is  detained,  such  court  or
  justice  may  make  the  writ  returnable before any judge authorized to
  issue it in the county of detention.
    (d) When returnable.  The writ may be made returnable forthwith or  on
  any day or time certain, as the case requires.
    (e)  Expenses;  undertaking.  A  court  issuing a writ directed to any
  person other than a public officer may require the petitioner to pay the
  charges of bringing up the person detained and to deliver an undertaking
  to the person having him in custody, in an amount fixed by the court, to
  pay the charges for taking back the person  detained  if  he  should  be
  remanded. Service of the writ shall not be complete until such charge is
  paid or tendered and such undertaking is delivered.

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