2019 New York Laws
CVP - Civil Practice Law and Rules
Article 70 - 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.