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

 
  § 15.35 Review of court authorization to retain an involuntary resident.
    If  a  person  who  has  been  denied  release  or  whose retention or
  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  retardation  and  the  need  for  retention  of  the resident so
  authorized to be retained. Any such resident or the person  applying  on
  his  behalf  for  such review may waive the trial of such fact by a jury
  and consent in writing to trial of such  fact  by  the  court.  No  such
  petition  for  rehearing and review may 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  retarded 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  retarded  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 retarded person, to, and filed with,  the  director  of
  the  school  in  which  the mentally retarded 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 notice and after a
  hearing, with  provisions  made  therein  for  such  temporary  care  or
  confinement  of  the  alleged  mentally retarded person as may be deemed
  necessary.