2013 New York Consolidated Laws
PBH - Public Health
Article 29-B - (2960 - 2979) ORDERS NOT TO RESUSCITATE FOR RESIDENTS OF MENTAL HYGIENE FACILITIES
2966 - Decision-making on behalf of an adult patient without capacity for whom no surrogate is available.

 
    § 2966. Decision-making on behalf of an adult patient without capacity
  for  whom  no  surrogate  is available. 1. If no surrogate is reasonably
  available, willing to make a decision regarding issuance of an order not
  to resuscitate, and competent to make a decision regarding  issuance  of
  an  order  not  to  resuscitate  on behalf of an adult patient who lacks
  capacity and who had  not  previously  expressed  a  decision  regarding
  cardiopulmonary  resuscitation,  an attending physician (a) may issue an
  order not to  resuscitate  the  patient,  provided  that  the  attending
  physician  determines,  in  writing,  that,  to  a  reasonable degree of
  medical certainty, resuscitation would be medically futile, and  another
  physician  selected  by a person authorized by the hospital to make such
  selection, after  personal  examination  of  the  patient,  reviews  and
  concurs in writing with such determination, or, (b) shall issue an order
  not  to  resuscitate the patient, provided that, pursuant to subdivision
  one of section twenty-nine hundred seventy-six of this article, a  court
  has granted a judgment directing the issuance of such an order.
    3.  Notwithstanding  any  other  provision  of  this  section, where a
  decision to consent to an order not to resuscitate has been made, notice
  of the decision shall be  given  to  the  patient  where  there  is  any
  indication  of  the  patient's ability to comprehend such notice. If the
  patient objects, an order not to resuscitate shall not be issued.