Opinion
4069.
July 1, 2004.
Order, Supreme Court, New York County (Lucindo Suarez, J.), entered April 14, 2003, which, after a nonjury trial, continued petitioner's retention at respondent's psychiatric center, pursuant to Mental Hygiene Law § 9.35, upon a finding of mental illness and need for involuntary commitment, unanimously affirmed, without costs.
Before: — Buckley, P.J., Mazzarelli, Friedman, Gonzalez and Catterson, JJ., Concur.
Respondent's application to retain petitioner at its facility was initially granted in a prior order pursuant to Mental Hygiene Law § 9.33. A rehearing and review of that prior order is not the appropriate setting for requesting transfer from a secure to a nonsecure facility ( Matter of Consilvio v. Michael B., 307 AD2d 852, lv dismissed 1 NY3d 545, lv denied 2 NY3d 701). Transfer of involuntary patients between such facilities is covered in 14 NYCRR part 57, which satisfies the requirements of due process in all respects ( cf. Mental Hygiene Legal Servs. v. Ford, 92 NY2d 500).
We have considered petitioner's remaining arguments and find them unavailing.