In any proceeding before the court involving a patient, the court may appoint the service as guardian ad litem or court evaluator consistent with, and within the scope of the service's statutory duties, except when the service advises the court that such appointment would create a conflict of interest with the Service's duties as counsel pursuant to section 623.2 of this Title.
N.Y. Comp. Codes R. & Regs. Tit. 22 § 622.3