N.Y. Laws » CHAPTER Mental Hygiene / TITLE General Provisions / ARTICLE Surrogate Decision-making For Medical Care and Treatment
New York Consolidated Laws

N.Y. Mental Hygiene Law § 80.09 (2026)

Right of appeal; temporary restraining order

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 80.09 Right of appeal; temporary restraining order.
  The patient, declarant, a parent, spouse, adult child, conservator,
legal guardian, committee of the person, or other available surrogate
authorized by regulation in accordance with section 33.03 of this
chapter or correspondent of the patient, the mental hygiene legal
service, or the director of the patient's residential facility may apply
to the supreme court for review, pursuant to article seventy-eight of
the civil practice law and rules, of whether a determination by a panel
is supported by substantial evidence. If a trial is required, it shall
receive an immediate preference, as provided for in rule thirty-four
hundred three of the civil practice law and rules.
  Within the discretion of the court, a temporary restraining order may
be granted by the supreme court to facilitate appeal by a proper party,
unless it is found by the court to be inconsistent with a need for more
timely medical attention. In the event such an order is granted, the
court shall conduct an expedited review of the panel's determination.
Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: In re Dreythaler, 183 Misc. 2d 307 (N.Y. Sup. Ct. 2000).
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In re Dreythaler, 183 Misc. 2d 307 (N.Y. Sup. Ct. 2000). “Provision is made for judicial review of a panel’s determination by Supreme Court, pursuant to CPLR article 78 (Mental Hygiene Law § 80.09). Inexplicably, however, a committee has never been established for the western part of New York State, and accordingly, there is no…”
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