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This entry was published on 2014-09-22
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When the writ shall be issued
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 70
§ 7003. When the writ shall be issued. (a) Generally. The court to
whom the petition is made shall issue the writ without delay on any day,
or, where the petitioner does not demand production of the person
detained or it is clear that there is no disputable issue of fact, order
the respondent to show cause why the person detained should not be
released. If it appears from the petition or the documents annexed
thereto that the person is not illegally detained or that a court or
judge of the United States has exclusive jurisdiction to order him
released, the petition shall be denied.

(b) Successive petitions for writ. A court is not required to issue a
writ of habeas corpus if the legality of the detention has been
determined by a court of the state on a prior proceeding for a writ of
habeas corpus and the petition presents no ground not theretofore
presented and determined and the court is satisfied that the ends of
justice will not be served by granting it.

(c) Penalty for violation. For a violation of this section in
refusing to issue the writ, a judge, or, if the petition was made to a
court, each member of the court who assents to the violation, forfeits
to the person detained one thousand dollars, to be recovered by an
action in his name or in the name of the petitioner to his use.