2023 New York Laws › CVP - Civil Practice Law and Rules › Article 70 - Habeas Corpus › 7002 - Petition.

§  7002.  Petition. (a) By whom made. A person illegally imprisoned or
otherwise restrained in his liberty within the state, or one  acting  on
his behalf or a party in a child abuse proceeding subsequent to an order
of  the  family  court, may petition without notice for a writ of habeas
corpus to inquire into the cause of such detention and for  deliverance.
A judge authorized to issue writs of habeas corpus having evidence, in a
judicial proceeding before him, that any person is so detained shall, on
his own initiative, issue a writ of habeas corpus for the relief of that
person.
(b)  To  whom  made.  Except  as  provided  in  paragraph five of this
subdivision, a petition for the writ shall be made to:
1. the supreme court in the judicial district in which the  person  is
detained; or
2.  the  appellate  division  in the department in which the person is
detained; or
3. any justice of the supreme court; or
4. a county judge being or residing within the  county  in  which  the
person is detained; where there is no judge within the county capable of
issuing  the  writ, or if all within the county capable of doing so have
refused, the petition may be made to a county judge  being  or  residing
within an adjoining county.
5. in a city having a population of one million or more inhabitants, a
person  held  as  a  trial  incarcerated  individual in a city detention
institution shall petition for a writ to the supreme court in the county
in which the charge for  which  the  incarcerated  individual  is  being
detained  is pending. Such incarcerated individual may also petition for
a writ to the appellate division  in  the  department  in  which  he  is
detained  or  to any justice of the supreme court provided that the writ
shall be made returnable before a justice of the supreme court  held  in
the  county in which the charge for which the incarcerated individual is
being detained is pending.
(c) Content. The petition shall be verified and shall state, or  shall
be accompanied by an affidavit which shall state,
1.  that  the person in whose behalf the petition is made is detained,
naming the person by whom he is detained and the place of  detention  if
they  are  known,  or  describing  them if they are not known; where the
detention is by virtue of a mandate, a copy of it shall  be  annexed  to
the  petition,  or  sufficient  reason  why a copy could not be obtained
shall be stated;
2. the cause or pretense of  the  detention,  according  to  the  best
knowledge and belief of the petitioner;
3.  that a court or judge of the United States does not have exclusive
jurisdiction to order him released;
4. if the writ is sought because of an illegal detention,  the  nature
of the illegality;
5. whether any appeal has been taken from any order by virtue of which
the person is detained, and, if so, the result;
6.  the  date,  and the court or judge to whom made, of every previous
application for the writ, the disposition of each such  application  and
of  any  appeal  taken,  and  the  new  facts,  if any, presented in the
petition that were not presented in any previous application; and
7. if the petition is made to a county judge  outside  the  county  in
which  the  person  is detained, the facts which authorize such judge to
act.