2012 New York Consolidated Laws
PBH - Public Health
Article 29-B - (2960 - 2979) ORDERS NOT TO RESUSCITATE FOR RESIDENTS OF MENTAL HYGIENE FACILITIES
2973 - Judicial review.

 
    §  2973.  Judicial review.   1. The patient, an attending physician, a
  parent, non-custodial parent, or legal guardian of a minor patient,  any
  person  on  the  surrogate  list,  the  hospital  that is caring for the
  patient and the facility director, may  commence  a  special  proceeding
  pursuant to article four of the civil practice law and rules, in a court
  of  competent  jurisdiction,  with  respect to any dispute arising under
  this article, except that the decision of a patient not  to  consent  to
  issuance of an order not to resuscitate may not be subjected to judicial
  review.   In   any  proceeding  brought  pursuant  to  this  subdivision
  challenging a decision regarding issuance of an order not to resuscitate
  on the ground that the decision is contrary to the patient's  wishes  or
  best interests, the person or entity challenging the decision must show,
  by  clear  and convincing evidence, that the decision is contrary to the
  patient's wishes including consideration of the patient's religious  and
  moral  beliefs,  or, in the absence of evidence of the patient's wishes,
  that the decision is contrary to the patient's best  interests.  In  any
  other  proceeding  brought pursuant to this subdivision, the court shall
  make its determination based upon the applicable  substantive  standards
  and procedures set forth in this article.
    2.  In  any proceeding brought pursuant to this section, the court may
  issue an order, pursuant to the standards applicable to the issuance  of
  a  temporary  restraining  order according to section six thousand three
  hundred thirteen of the  civil  practice  law  and  rules,  which  shall
  suspend  the  order not to resuscitate to permit review of the matter by
  the court.
    3. Where a person or entity may invoke the dispute  mediation  system,
  no such proceeding shall be commenced until the dispute mediation system
  has  concluded  its  efforts to resolve the dispute or seventy-two hours
  have elapsed from the submission of the dispute to the dispute mediation
  system, whichever shall occur first, provided, however, that the patient
  may commence an action for relief with respect to any dispute under this
  article at any time and provided further that the department  of  health
  or  any  other  duly  authorized  state agency may commence an action or
  proceeding to enjoin a violation of this article at any time.