N.Y. Pub. Health Law § 4616

§ 4616. Appointment of a caretaker. Upon a determination by the\ncouncil that there exists operational deficiencies in a continuing care\nretirement community that show:\n 1. a condition or conditions in substantial violation of the standards\nfor health, safety or patient care established under federal or state\nlaw or regulations;\n 2. or that there exists in the facility a pattern or practice of\nhabitual violation of the standards of health, safety or patient care\nestablished under federal or state law or regulations, the council shall\ntake the actions prescribed by section forty-six hundred fifteen of this\narticle, and, where the council deems it to be in the public interest,\nthe council may request that the commissioner, and upon request of the\ncouncil the commissioner shall, petition a court of competent\njurisdiction to appoint a caretaker as defined in section twenty-eight\nhundred one of this chapter. The petition, the proceedings, and the\nprocedures for appointment of a caretaker shall be governed by the\nprovisions of section forty-six hundred seventeen of this article, and\nthe powers, duties and rights of a caretaker appointed pursuant to such\nsection shall be the same as those authorized by subdivision four of\nsuch section.\n