2016 New York Laws
CVP - Civil Practice Law & Rules
Article 70 - (Civil Practice Law & Rules) HABEAS CORPUS
7009 - Hearing.

  7009. Hearing. (a) Notice before hearing. Where the detention is by
  virtue of a mandate, the court shall not adjudicate the  issues  in  the
  proceeding until written notice of the time and place of the hearing has
  been served either personally eight days prior to the hearing, or in any
  other manner or time as the court may order,
1.  where  the  mandate  was  issued in a civil cause, upon the person
  interested in continuing the detention or upon his attorney; or,
2. where a person is detained by order of  the  family  court,  or  by
  order of any court while a proceeding affecting him or her is pending in
  the  family  court,  upon  the  judge  who  made  the order. In all such
  proceedings, the court shall be represented by the attorney-general; or,
3. in any other case, upon the district  attorney  of  the  county  in
  which  the  person  was  detained  when the writ was served and upon the
  district attorney of the county from which he was committed.
(b) Reply to return. The petitioner or the person  detained  may  deny
  under  oath,  orally  or  in  writing,  any  material  allegation of the
  answering affidavits or allege any fact showing that the person detained
  is entitled to be discharged.
(c) Hearing to be summary. The court shall proceed in a summary manner
  to hear the evidence produced in support of and  against  the  detention
  and to dispose of the proceeding as justice requires.
(d)  Sickness  or  infirmity of person detained. Where it is proved to
  the satisfaction of the court that the person detained is  too  sick  or
  infirm  to  be  brought  to the appointed place, the hearing may be held
  without his presence, may be adjourned, or may  be  held  at  the  place
  where the prisoner is detained.
(e)  Custody  during  proceeding. Pending final disposition, the court
  may place the person detained in custody or parole him or admit  him  to
  bail as justice requires.