2006 New York Code - Persons To Be Served

 
  § 1753. Persons to be served
    1. Upon presentation of the petition, process shall issue to:
    (a)  the parent or parents, adult children, if the petitioner is other
  than a parent, adult siblings, if the petitioner is other than a parent,
  and if the mentally  retarded  or  developmentally  disabled  person  is
  married, to the spouse, if their residences are known;
    (b)  the  person  having  care and custody of the mentally retarded or
  developmentally disabled person, or with whom  such  person  resides  if
  other than the parents or spouse; and
    (c)  the  mentally  retarded  or  developmentally  disabled  person if
  fourteen years of age or older for whom an application has been made  in
  such person's behalf.
    2. Upon presentation of the petition, notice of such petition shall be
  served by certified mail to:
    (a)  the  adult  siblings  if  the  petitioner  is a parent, and adult
  children if the petitioner is a parent;
    (b) the mental hygiene legal service in the judicial department  where
  the  facility,  as  defined  in  subdivision (a) of section 47.01 of the
  mental  hygiene  law,  is  located   if   the   mentally   retarded   or
  developmentally disabled person resides in such a facility;
    (c)  in all cases, to the director in charge of a facility licensed or
  operated by an agency of the state of New York, if the mentally retarded
  or developmentally disabled person resides in such facility;
    (d) one other person if designated in writing by the mentally retarded
  or developmentally disabled person; and
    (e) such other persons as the court may deem proper.
    3. No process or notice shall be necessary to a parent,  adult  child,
  adult  sibling,  or  spouse  of the mentally retarded or developmentally
  disabled person who has been declared by a court as  being  incompetent.
  In  addition, no process or notice shall be necessary to a spouse who is
  divorced from the mentally retarded or developmentally disabled  person,
  and  to a parent, adult child, adult sibling when it shall appear to the
  satisfaction of the court that such person or persons have abandoned the
  mentally retarded or developmentally disabled person.