N.Y. Laws » CHAPTER Mental Hygiene / TITLE Mental Health Act / ARTICLE Hospitalization of Persons With a Mental Illness
New York Consolidated Laws

N.Y. Mental Hygiene Law § 9.43 (2026)

Emergency assessment for immediate observation, care, and treatment; powers of courts

✓ text as retrieved May 2026 (this copy records no edition or section history)
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* § 9.43 Emergency assessment for immediate observation, care, and
           treatment; powers of courts.
  (a) Whenever any court of inferior or general jurisdiction is informed
by verified statement that a person is apparently mentally ill and is
conducting himself or herself in a manner which in a person who is not
mentally ill would be deemed disorderly conduct or which is likely to
result in serious harm to himself or herself, such court shall issue a
warrant directing that such person be brought before it. If, when said
person is brought before the court, it appears to the court, on the
basis of evidence presented to it, that such person has or may have a
mental illness which is likely to result in serious harm to himself or
herself or others, the court shall issue a civil order directing his or
her removal to any hospital specified in subdivision (a) of section 9.39
of this article or any comprehensive psychiatric emergency program
specified in subdivision (a) of section 9.40 of this article, or to any
crisis stabilization center specified in section 36.01 of this chapter
when the court deems such center is appropriate and where such person
voluntarily agrees; that is willing to receive such person for a
determination by the director of such hospital, program or center
whether such person should be received therein pursuant to such section.
  (b) Whenever a person before a court in a criminal action appears to
have a mental illness which is likely to result in serious harm to
himself or herself or others and the court determines either that the
crime has not been committed or that there is not sufficient cause to
believe that such person is guilty thereof, the court may issue a civil
order as above provided, and in such cases the criminal action shall
terminate.
  * NB Effective until July 1, 2027
* § 9.43 Emergency admissions for immediate observation, care, and
           treatment; powers of courts.
  (a) Whenever any court of inferior or general jurisdiction is informed
by verified statement that a person is apparently mentally ill and is
conducting himself in a manner which in a person who is not mentally ill
would be deemed disorderly conduct or which is likely to result in
serious harm to himself or others as defined in section 31.39, such
court shall issue a warrant directing that such person be brought before
it. If, when said person is brought before the court, it appears to the
court, on the basis of evidence presented to it, that such person has or
may have a mental illness which is likely to result in serious harm to
himself or others, the court shall issue a civil order directing his
removal to any hospital specified in subdivision (a) of section 31.39
willing to receive such person for a determination by the director of
such hospital whether such person should be retained therein pursuant to
such section.
  (b) Whenever a person before a court in a criminal action appears to
have a mental illness which is likely to result in serious harm to
himself or others and the court determines either that the crime has not
been committed or that there is not sufficient cause to believe that
such person is guilty thereof, the court may issue a civil order as
above provided, and in such cases the criminal action shall terminate.
  * NB Effective July 1, 2027
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1985–2022 · leading case: Rivera v. Russi, 243 A.D.2d 161 (N.Y. App. Div. 1st Dep't 1998).
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Rivera v. Russi, 243 A.D.2d 161 (N.Y. App. Div. 1st Dep't 1998). · cites it 9× “Specifically, plaintiff seeks a declaratory judgment that the Sheriff is the only agency authorized to execute warrants pursuant to Mental Hygiene Law § 9.43 and that the Police Department should no longer be permitted to exercise this function.”
Oliver C. v. Weissman, 203 A.D.2d 458 (N.Y. App. Div. 2d Dep't 1994). “, Mental Hygiene Law § 9.43; CPLR 2308 [a]; 5250).”
Anonymous v. Kings Cnty. Hosp. Ctr., 115 A.D.2d 513 (N.Y. App. Div. 2d Dep't 1985). “The record in this case reveals that petitioner was involun *514 tarily committed to appellant Kings County Hospital Center on October 8, 1985 pursuant to court order (see, Mental Hygiene Law § 9.43). The reason for his commitment was that he had engaged in assaultive behavior…”
People ex rel. Wells v. DeMarco, 168 A.D.3d 31 (N.Y. App. Div. 2d Dep't 2018). “ily Ct Act §§ 428, 526 [warrants of arrest may be issued by Family Court in support and paternity proceedings]; CPLR 5250 [a court may issue a warrant where a judgment debtor absconds with property of a creditor], 2308 [a court may issue an arrest warrant for failure to comply…”
Achile v. Paul, 76 Misc. 3d 126(A) (N.Y. App. Term. 2022). · cites it 2× “The evidence at an inquest established that defendant had made allegedly defamatory statements respecting plaintiff's mental health in a petition defendant filed in the Supreme Court, Kings County, and that, based on that petition, the Supreme Court held a hearing and, pursuant…”
People v. Warden, Rikers Island, No. 94 (N.Y. Dec. 15, 2022). “60 [1]), and, in appropriate cases, order a psychiatric evaluation to determine whether civil confinement is necessary (see Mental Hygiene Law § 9.43; see also CPL 500.”
In re New York Found. for Senior Citizens, Guardian Servs., Inc., 14 A.D.3d 317 (N.Y. App. Div. 1st Dep't 2005). “In June 2003, based upon allegations that the incapacitated person had threatened to kill the guardian’s caseworkers with guns he keeps in his apartment, the court had the incapacitated person brought before it, and, after a hearing, referred him to a psychiatric hospital for…”
People v. F.E., 12 Misc. 3d 253 (N.Y. Sup. Ct. 2006). “The court decided to prepare this detailed written decision because the issue is one of first impression under Mental Hygiene Law § 9.43. Section 9.43 of the Mental Hygiene Law states: “(a) Whenever any court of inferior or general jurisdiction is informed by verified statement…”
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