80.09 - Right of appeal; temporary restraining order.

§ 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.