2012 New York Consolidated Laws
PBH - Public Health
Article 29-C - (2980 - 2994) HEALTH CARE AGENTS AND PROXIES
2992 - Special proceeding authorized.

 
    §  2992.  Special proceeding authorized. The health care provider, the
  conservator  for,  or  committee  of  the  principal,  members  of   the
  principal's  family,  a  close  friend  of  the  principal as defined in
  subdivision five of section two thousand nine hundred sixty-one of  this
  chapter,  or  the  commissioner  of  health,  mental  health,  or mental
  retardation  and  developmental  disabilities  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, including, but not limited to, a  proceeding
  to:
    1. determine the validity of the health care proxy;
    2.  have  the  agent  removed  on the ground that the agent (a) is not
  reasonably available, willing  and  competent  to  fulfill  his  or  her
  obligations under this article or (b) is acting in bad faith; or
    3.  override  the  agent's decision about health care treatment on the
  grounds that: (a) the decision was made in bad faith or (b) the decision
  is not in accordance with the standards set forth in subdivision one  or
  two of section two thousand nine hundred eighty-two of this article.