IN RE: Application of JOHN K. (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.

Respondent's application to retain petitioner at its facility was initially granted in a prior order pursuant to § 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 A.D.2d 852, 764 N.Y.S.2d 12, appeal dismissed 1 N.Y.3d 545, 775 N.Y.S.2d 241, 807 N.E.2d 291, lv. denied 2 N.Y.3d 701, 778 N.Y.S.2d 459, 810 N.E.2d 912).   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. [Aliza K.] v. Ford, 92 N.Y.2d 500, 683 N.Y.S.2d 150, 705 N.E.2d 1191).

We have considered petitioner's remaining arguments and find them unavailing.