N.Y. CPLR § 7004

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7004 Content of writ § 7004. Content of writ. (a) For whom issued. The writ shall be issuedon behalf of the state, and where issued upon the petition of a privateperson, it shall show that it was issued upon his relation.(b) To whom directed. The writ shall be directed to, and therespondent shall be, the person having custody of the person detained.(c) Before whom returnable. A writ to secure the discharge of aperson from a state institution shall be made returnable before ajustice of the supreme court or a county judge being or residing withinthe county in which the person is detained; if there is no such judge itshall be made returnable before the nearest accessible supreme courtjustice or county judge. In all other cases, the writ shall be madereturnable in the county where it was issued, except that where thepetition was made to the supreme court or to a supreme court justiceoutside the county in which the person is detained, such court orjustice may make the writ returnable before any judge authorized toissue it in the county of detention.(d) When returnable. The writ may be made returnable forthwith or onany day or time certain, as the case requires.(e) Expenses; undertaking. A court issuing a writ directed to anyperson other than a public officer may require the petitioner to pay thecharges of bringing up the person detained and to deliver an undertakingto the person having him in custody, in an amount fixed by the court, topay the charges for taking back the person detained if he should beremanded. Service of the writ shall not be complete until such charge ispaid or tendered and such undertaking is delivered.