N.Y. CPLR § 7009

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7009 Hearing § 7009. Hearing. (a) Notice before hearing. Where the detention is byvirtue of a mandate, the court shall not adjudicate the issues in theproceeding until written notice of the time and place of the hearing hasbeen served either personally eight days prior to the hearing, or in anyother manner or time as the court may order,1. where the mandate was issued in a civil cause, upon the personinterested in continuing the detention or upon his attorney; or,2. where a person is detained by order of the family court, or byorder of any court while a proceeding affecting him or her is pending inthe family court, upon the judge who made the order. In all suchproceedings, the court shall be represented by the attorney-general; or,3. in any other case, upon the district attorney of the county inwhich the person was detained when the writ was served and upon thedistrict attorney of the county from which he was committed.(b) Reply to return. The petitioner or the person detained may denyunder oath, orally or in writing, any material allegation of theanswering affidavits or allege any fact showing that the person detainedis entitled to be discharged.(c) Hearing to be summary. The court shall proceed in a summary mannerto hear the evidence produced in support of and against the detentionand to dispose of the proceeding as justice requires.(d) Sickness or infirmity of person detained. Where it is proved tothe satisfaction of the court that the person detained is too sick orinfirm to be brought to the appointed place, the hearing may be heldwithout his presence, may be adjourned, or may be held at the placewhere the prisoner is detained.(e) Custody during proceeding. Pending final disposition, the courtmay place the person detained in custody or parole him or ourned, or may be held at the placewhere the prisoner is detained.(e) Custody during proceeding. Pending final disposition, the courtmay place the person detained in custody or parole him or admit him tobail as justice requires.