N.Y. Pub. Health Law § 2992

§ 2992. Special proceeding authorized. The health care provider, the\nconservator for, or committee of the principal, members of the\nprincipal's family, a close friend of the principal as defined in\nsubdivision five of section two thousand nine hundred sixty-one of this\nchapter, or the commissioner of health, mental health, or developmental\ndisabilities may commence a special proceeding pursuant to article four\nof the civil practice law and rules, in a court of competent\njurisdiction, with respect to any dispute arising under this article,\nincluding, but not limited to, a proceeding to:\n 1. determine the validity of the health care proxy;\n 2. have the agent removed on the ground that the agent (a) is not\nreasonably available, willing and competent to fulfill his or her\nobligations under this article; (b) is acting in bad faith; or (c) is\nthe subject of an order of protection protecting the principal or has\nbeen arrested or charged for a criminal act that allegedly caused the\nprincipal's lack of capacity or substantially injured or impaired the\nhealth status of the principal, provided that the application of this\nprovision in a particular case may be waived or modified in the interest\nof justice; or\n 3. override the agent's decision about health care treatment on the\ngrounds that: (a) the decision was made in bad faith or (b) the decision\nis not in accordance with the standards set forth in subdivision one or\ntwo of section two thousand nine hundred eighty-two of this article.\n