New York Consolidated Laws, Mental Hygiene Law - MHY § 15.15 Voluntary admissions;  suitability

(a) In order for a person to be suitable for admission to a school as a voluntary resident, or for conversion to such status he must be notified of and have the ability to understand the following:

(b) The department shall have the power to examine the residents admitted pursuant to this section and determine if they belong to the voluntary class.  If it be determined that any such patient does not belong to the voluntary class, the department shall determine whether the resident shall be discharged or whether procedures shall be commenced for the admission of such resident to a school pursuant to other sections of this article.  The decision of the department shall be forthwith complied with by the director or person in charge of any such school.  Any failure to conform to the requirements of this section shall be considered a sufficient cause for revocation of an operating certificate theretofore issued to a school.