§ 7009 — Hearing

New York § 7009

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 70: Habeas Corpus

Text

§ 7009. Hearing. (a) Notice before hearing. Where the detention is by\nvirtue of a mandate, the court shall not adjudicate the issues in the\nproceeding until written notice of the time and place of the hearing has\nbeen served either personally eight days prior to the hearing, or in any\nother manner or time as the court may order,\n 1. where the mandate was issued in a civil cause, upon the person\ninterested in continuing the detention or upon his attorney; or,\n 2. where a person is detained by order of the family court, or by\norder of any court while a proceeding affecting him or her is pending in\nthe family court, upon the judge who made the order. In all such\nproceedings, the court shall be represented by the attorney-general; or,\n 3. in any other case, upon the district attorney of the county in\nwhich the person was detained when the writ was served and upon the\ndistrict attorney of the county from which he was committed.\n (b) Reply to return. The petitioner or the person detained may deny\nunder oath, orally or in writing, any material allegation of the\nanswering affidavits or allege any fact showing that the person detained\nis entitled to be discharged.\n (c) Hearing to be summary. The court shall proceed in a summary manner\nto hear the evidence produced in support of and against the detention\nand to dispose of the proceeding as justice requires.\n (d) Sickness or infirmity of person detained. Where it is proved to\nthe satisfaction of the court that the person detained is too sick or\ninfirm to be brought to the appointed place, the hearing may be held\nwithout his presence, may be adjourned, or may be held at the place\nwhere the prisoner is detained.\n (e) Custody during proceeding. Pending final disposition, the court\nmay place the person detained in custody or parole him or admit him to\nbail as justice requires.\n