N.Y. Soc. Serv. Law § 199

§ 199. Power of commissioner of public welfare to detain certain\nincarcerated individuals. The commissioner of public welfare shall have\npower to detain in the public home, pending a vacancy for such person in\na state institution, a person over the age of sixteen who has been\ncertified as an individual with a developmental disability in accordance\nwith the provisions of the mental hygiene law and for whom an\napplication for admission to a state institution has been made. Whenever\nthe commissioner shall so detain an incarcerated individual in the\npublic home he or she shall at once notify the state department of\nmental hygiene.\n