N.Y. CPLR § 7003

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7003 When the writ shall be issued § 7003. When the writ shall be issued. (a) Generally. The court towhom the petition is made shall issue the writ without delay on any day,or, where the petitioner does not demand production of the persondetained or it is clear that there is no disputable issue of fact, orderthe respondent to show cause why the person detained should not bereleased. If it appears from the petition or the documents annexedthereto that the person is not illegally detained or that a court orjudge of the United States has exclusive jurisdiction to order himreleased, the petition shall be denied.(b) Successive petitions for writ. A court is not required to issue awrit of habeas corpus if the legality of the detention has beendetermined by a court of the state on a prior proceeding for a writ ofhabeas corpus and the petition presents no ground not theretoforepresented and determined and the court is satisfied that the ends ofjustice will not be served by granting it.(c) Penalty for violation. For a violation of this section inrefusing to issue the writ, a judge, or, if the petition was made to acourt, each member of the court who assents to the violation, forfeitsto the person detained one thousand dollars, to be recovered by anaction in his name or in the name of the petitioner to his use.