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This entry was published on 2014-09-22
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SECTION 10.13
Appeals
Mental Hygiene (MHY) CHAPTER 27, TITLE B, ARTICLE 10
§ 10.13 Appeals.

(a) The attorney general may, in the appellate division of the supreme
court, seek a stay of any order under this article releasing a person
under this article.

(b) The attorney general may appeal as of right from an order entered
pursuant to subdivision (k) of section 10.06 of this article dismissing
the petition following a determination that probable cause to believe
that the respondent is a sex offender requiring civil management has not
been established. No appeal may be taken from an order entered pursuant
to subdivision (k) of section 10.06 of this article determining that
probable cause has been established to believe the respondent is a sex
offender requiring civil management. Both the respondent and the
attorney general may appeal from any final order entered pursuant to
this article. The provisions of articles fifty-five, fifty-six, and
fifty-seven of the civil practice law and rules shall govern appeals
taken from orders entered pursuant to this article.

(c) In connection with any appeal, a respondent who is or becomes
financially unable to obtain counsel shall have the right to have
appellate counsel appointed on his or her behalf. Such counsel shall be
appointed by the court to which an appeal is taken. If possible, the
court shall appoint the mental hygiene legal service. In the event that
the court determines that the mental hygiene legal service cannot accept
appointment, the court shall appoint an attorney eligible for
appointment pursuant to article eighteen-B of the county law, or an
entity, if any, that has contracted for the delivery of legal
representation services under subdivision (c) of section 10.15 of this
article.