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This entry was published on 2014-09-22
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Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 70
§ 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.