N.Y. CPLR § 7002

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7002 Petition § 7002. Petition. (a) By whom made. A person illegally imprisoned orotherwise restrained in his liberty within the state, or one acting onhis behalf or a party in a child abuse proceeding subsequent to an orderof the family court, may petition without notice for a writ of habeascorpus to inquire into the cause of such detention and for deliverance.A judge authorized to issue writs of habeas corpus having evidence, in ajudicial proceeding before him, that any person is so detained shall, onhis own initiative, issue a writ of habeas corpus for the relief of thatperson.(b) To whom made. Except as provided in paragraph five of thissubdivision, a petition for the writ shall be made to:1. the supreme court in the judicial district in which the person isdetained; or2. the appellate division in the department in which the person isdetained; or3. any justice of the supreme court; or4. a county judge being or residing within the county in which theperson is detained; where there is no judge within the county capable ofissuing the writ, or if all within the county capable of doing so haverefused, the petition may be made to a county judge being or residingwithin an adjoining county.5. in a city having a population of one million or more inhabitants, aperson held as a trial incarcerated individual in a city detentioninstitution shall petition for a writ to the supreme court in the countyin which the charge for which the incarcerated individual is beingdetained is pending. Such incarcerated individual may also petition fora writ to the appellate division in the department in which he isdetained or to any justice of the supreme court provided that the writshall be made returnable before a justice of the supreme court held inthe county in which the charge for rtment in which he isdetained or to any justice of the supreme court provided that the writshall be made returnable before a justice of the supreme court held inthe county in which the charge for which the incarcerated individual isbeing detained is pending.(c) Content. The petition shall be verified and shall state, or shallbe accompanied by an affidavit which shall state,1. that the person in whose behalf the petition is made is detained,naming the person by whom he is detained and the place of detention ifthey are known, or describing them if they are not known; where thedetention is by virtue of a mandate, a copy of it shall be annexed tothe petition, or sufficient reason why a copy could not be obtainedshall be stated;2. the cause or pretense of the detention, according to the bestknowledge and belief of the petitioner;3. that a court or judge of the United States does not have exclusivejurisdiction to order him released;4. if the writ is sought because of an illegal detention, the natureof the illegality;5. whether any appeal has been taken from any order by virtue of whichthe person is detained, and, if so, the result;6. the date, and the court or judge to whom made, of every previousapplication for the writ, the disposition of each such application andof any appeal taken, and the new facts, if any, presented in thepetition that were not presented in any previous application; and7. if the petition is made to a county judge outside the county inwhich the person is detained, the facts which authorize such judge toact.