N.Y. MHY Law § 32.25

§ 32.25 Confinement, care, and treatment of persons suffering from\n chemical abuse or dependence.\n (a) No individual who is or appears to be suffering from chemical\nabuse or dependence shall be detained, deprived of his or her liberty,\nor otherwise confined without lawful authority, or be inadequately,\nunskillfully, cruelly, or unsafely cared for or supervised by any\nperson.\n (b) If the commissioner has reason to believe that this section is\nbeing violated or that services for persons suffering from chemical\nabuse or dependence or who are at risk of becoming alcohol or substance\nabusers are being provided in violation of this article, he or she shall\npromptly investigate the matter. If he or she finds, after notice to the\nperson accused of the violation that there is substantial evidence to\nsupport the finding that there has been a violation, the commissioner\nshall issue an order directed to the person or entity who has committed\nthe violation directing him or her to cease and desist from the\nviolation.\n (c) The commissioner may bring the following proceedings in the\nsupreme court, in accordance with the provisions of section 32.27 of\nthis article:\n 1. for an injunction where the person to whom a cease and desist order\nis directed has failed to comply therewith; and\n 2. for a temporary restraining order where the commissioner has reason\nto believe that a violation of this section may result in injury to any\nperson.\n (d) Nothing in this section shall prevent the commissioner from taking\nwhatever action he or she deems necessary for the suspension,\nrevocation, or limitation of the operating certificate of a provider of\nservices which has been charged with a violation of this section.\n