2019 New York Laws
PBH - Public Health
Article 29-B - Orders Not to Resuscitate for Residents of Mental Hygiene Facilities
2976 - Judicially Approved Order Not to Resuscitate.

§  2976.  Judicially  approved  order  not  to  resuscitate.  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  pursuant to this
  article, an attending  physician  or  attending  nurse  practitioner  or
  hospital  may  commence a special proceeding pursuant to article four of
  the civil practice law and rules, in a court of competent  jurisdiction,
  for a judgment directing the physician or nurse practitioner to issue an
  order  not to resuscitate where the patient has a terminal condition, is
  permanently unconscious, or resuscitation would impose an  extraordinary
  burden  on  the  patient in light of the patient's medical condition and
  the expected outcome of resuscitation for the patient, and  issuance  of
  an  order  not  to  resuscitate  is consistent with the patient's wishes
  including a consideration of the patient's religious and  moral  beliefs
  or,  in  the  absence of evidence of the patient's wishes, the patient's
  best interests.
2. Nothing in this article shall be construed to preclude a  court  of
  competent  jurisdiction  from  approving the issuance of an order not to
  resuscitate under circumstances other than those  under  which  such  an
  order may be issued pursuant to this article.