In any proceeding before the court involving a patient, the court may appoint the director as guardian ad litem or court evaluator consistent with, and within the scope of the director's statutory duties, except when the director advises the court that such appointment would create a conflict of interest with the director's duties as counsel pursuant to section 823.2 of this Part.
N.Y. Comp. Codes R. & Regs. Tit. 22 § 823.3