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This entry was published on 2014-09-22
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SECTION 81.14
Record of the proceedings
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 81
§ 81.14 Record of the proceedings.

(a) A record of the proceedings shall be made in all cases.

(b) The court shall not enter an order sealing the court records in a
proceeding under this article, either in whole or in part, except upon a
written finding of good cause, which shall specify the grounds thereof.
In determining whether good cause has been shown, the court shall
consider the interest of the public, the orderly and sound
administration of justice, the nature of the proceedings, and the
privacy of the person alleged to be incapacitated. Where it appears
necessary or desirable, the court may prescribe appropriate notice and
opportunity to be heard. Court records shall include all documents and
records of any nature filed with the clerk in connection with the
proceeding. Documents obtained through disclosure and not filed with the
clerk shall remain subject to protective orders under the civil practice
law and rules.

(c) The court shall not exclude a person or persons or the general
public from a proceeding under this article except upon written findings
of good cause shown. In determining whether good cause has been shown,
the court shall consider the interest of the public, the orderly and
sound administration of justice, the nature of the proceedings, and the
privacy of the person alleged to be incapacitated.

(d) At the time of the commencement of the hearing, the court shall
inform the allegedly incapacitated person of his or her right to request
for good cause that the court records be sealed and that a person,
persons, or the general public be excluded from the hearing.