2006 New York Code - Court Authorization To Retain An Involuntary Resident.

 
  § 15.33 Court authorization to retain an involuntary resident.
    (a)  If  the director shall determine that a resident admitted upon an
  application supported by medical certification, for  whom  there  is  no
  court  order authorizing retention for a specified period, is in need of
  retention and if such resident does not agree to remain in  such  school
  as  a  voluntary resident, the director shall apply to the supreme court
  or the county court in the county where the school  is  located  for  an
  order authorizing continued retention. Such application shall be made no
  later  than  sixty  days  from  the  date  of  involuntary  admission on
  application supported by medical certification or thirty days  from  the
  date  of an order denying an application for resident's release pursuant
  to section 15.31, whichever is later; and the school  is  authorized  to
  retain  the  resident for such further period during which the school is
  authorized to make such application or during which the application  may
  be  pending. The director shall cause written notice of such application
  to be given the resident and a copy thereof shall be given personally or
  by mail to the persons required by this article to be served with notice
  of such resident's initial admission and to  the  mental  hygiene  legal
  service.  Such  notice  shall  state that a hearing may be requested and
  that failure to make such a request within five days,  excluding  Sunday
  and  holidays,  from  the date that the notice was given to the resident
  will permit  the  entry  without  a  hearing  of  an  order  authorizing
  retention.
    (b)  If  no  request  is  made for a hearing on behalf of the resident
  within five days, excluding Sunday and  holidays,  from  the  date  such
  notice  of  such  application was given such resident, and if the mental
  hygiene legal service has not requested a hearing, the  court  receiving
  the  application  may, if satisfied that the resident requires continued
  retention for care and treatment or transfer  and  continued  retention,
  immediately  issue  an  order  authorizing  continued  retention of such
  resident in such school for a period not to exceed  one  year  from  the
  date of the order.
    (c) Upon the demand of the resident or of anyone on his behalf or upon
  request  of the mental hygiene legal service, the court shall, or may on
  its own motion, fix a date for the hearing of the application,  in  like
  manner  as  is provided for hearings in section 15.31. The provisions of
  such section shall apply to the procedure for obtaining  and  holding  a
  hearing and to the granting or refusal to grant an order of retention by
  the  court,  except  that  the  resident  shall  not  have  the right to
  designate initially the county in which the hearing shall be held.
    (d) If the director of a school,  in  which  a  resident  is  retained
  pursuant  to the foregoing subdivisions of this section, shall determine
  that the condition of such resident requires his further retention in  a
  school,  he  shall,  if  such  resident does not agree to remain in such
  school as a voluntary resident, apply during  the  period  of  retention
  authorized  by  the  last order of the court to the supreme court or the
  county court in the county where the school  is  located  for  an  order
  authorizing further continued retention of such resident. The procedures
  for  obtaining  any  order  pursuant  to  this  subdivision  shall be in
  accordance with the provisions of the  foregoing  subdivisions  of  this
  section;  provided  that  the  resident  or  anyone on his behalf or the
  mental hygiene legal service may request that the  resident  be  brought
  personally  before the court, in which case the court shall not grant an
  order for periods of one year or longer unless such resident shall  have
  appeared  personally  before  the  court.  Orders  obtained  under  this
  subdivision shall authorize further continued retention of the  resident
  for periods not to exceed two years each from the date of the order.