Section 10.13. Appeals  


Latest version.
  • (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.