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N.Y. Mental Hyg. Law § 81.14

Record of the proceedings

Applied in 2 court decisions — leading case 55 Misc. 3d 700 - In re Linda E. (2017)

Most recently applied in In re Caminite (September 2017)

2014-09-22

§ 81.14 Record of the proceedings.\n (a) A record of the proceedings shall be made in all cases.\n (b) The court shall not enter an order sealing the court records in a\nproceeding under this article, either in whole or in part, except upon a\nwritten finding of good cause, which shall specify the grounds thereof.\nIn determining whether good cause has been shown, the court shall\nconsider the interest of the public, the orderly and sound\nadministration of justice, the nature of the proceedings, and the\nprivacy of the person alleged to be incapacitated. Where it appears\nnecessary or desirable, the court may prescribe appropriate notice and\nopportunity to be heard. Court records shall include all documents and\nrecords of any nature filed with the clerk in connection with the\nproceeding. Documents obtained through disclosure and not filed with the\nclerk shall remain subject to protective orders under the civil practice\nlaw and rules.\n (c) The court shall not exclude a person or persons or the general\npublic from a proceeding under this article except upon written findings\nof good cause shown. In determining whether good cause has been shown,\nthe court shall consider the interest of the public, the orderly and\nsound administration of justice, the nature of the proceedings, and the\nprivacy of the person alleged to be incapacitated.\n (d) At the time of the commencement of the hearing, the court shall\ninform the allegedly incapacitated person of his or her right to request\nfor good cause that the court records be sealed and that a person,\npersons, or the general public be excluded from the hearing.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.