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This entry was published on 2014-09-22
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SECTION 80.09
Right of appeal; temporary restraining order
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 80
§ 80.09 Right of appeal; temporary restraining order.

The patient, declarant, a parent, spouse, adult child, conservator,
legal guardian, committee of the person, or other available surrogate
authorized by regulation in accordance with section 33.03 of this
chapter or correspondent of the patient, the mental hygiene legal
service, or the director of the patient's residential facility may apply
to the supreme court for review, pursuant to article seventy-eight of
the civil practice law and rules, of whether a determination by a panel
is supported by substantial evidence. If a trial is required, it shall
receive an immediate preference, as provided for in rule thirty-four
hundred three of the civil practice law and rules.

Within the discretion of the court, a temporary restraining order may
be granted by the supreme court to facilitate appeal by a proper party,
unless it is found by the court to be inconsistent with a need for more
timely medical attention. In the event such an order is granted, the
court shall conduct an expedited review of the panel's determination.