2010 New York Code
VAT - Vehicle & Traffic
Title 7 - RULES OF THE ROAD
Article 25 - (1120 - 1131) DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING, ETC.
1122 - Overtaking a vehicle on the left.

§ 1122. Overtaking  a  vehicle  on the left. The following rules shall
  govern the overtaking and passing of vehicles  proceeding  in  the  same
  direction,  subject  to those limitations, exceptions, and special rules
  hereinafter stated:
    (a) The driver of a vehicle overtaking another vehicle  proceeding  in
  the same direction shall pass to the left thereof at a safe distance and
  shall  not  again  drive  to  the right side of the roadway until safely
  clear of the overtaken vehicle.
    (b) Except when overtaking and passing on the right is permitted,  the
  driver  of  an overtaken vehicle shall give way to the right in favor of
  the overtaking vehicle on audible signal  and  shall  not  increase  the
  speed of his vehicle until completely passed by the overtaking vehicle.