When defendant is in the custody of the Commissioner of Mental Health at the expiration of the period prescribed in a temporary order of observation or at the expiration of the authorized period prescribed in the last order of retention, the director of the institution where the defendant is confined may act as the agent of the Commissioner of Mental Health in certifying to the court that the defendant was in the custody of the Commissioner of Mental Health on such expiration date.
N.Y. Comp. Codes R. & Regs. Tit. 22 § 111.6