(a) The patient, declarant, a parent, spouse, adult child, legal guardian, authorized surrogate, correspondent of the patient, the MHLS, or the director of the patient’s residential facility may apply to the Supreme Court pursuant to article 78 of the CPLR for review of whether a determination by a panel is supported by substantial evidence. If a trial is required, it shall receive an immediate preference, as provided for in section 3403 of the CPLR.

(b) Within the discretion of the court, a temporary restraining order may be granted by the Supreme Court to facilitate appeal by a proper party, unless it is found by the court to be inconsistent with a need for more timely medical attention. In the event such an order is granted, the court shall conduct an expedited review of the panel’s determination.