N.Y. Veh. & Traf. Law § 1131

§ 1131. Driving on shoulders and slopes. Except for bicycles and those\nclasses of vehicles required to travel on shoulders or slopes, no motor\nvehicle shall be driven over, across, along, or within any shoulder or\nslope of any state controlled-access highway except at a location\nspecifically authorized and posted by the department of transportation.\nThe foregoing limitation shall not prevent tow trucks from using\nshoulders or slopes in as limited and incidental a manner as practicable\nwhen dispatched to the scene of an accident by a law enforcement agency\nor an authority, department or agency having jurisdiction over such\ncontrolled-access highway and all lanes are obstructed by traffic,\nprovided, however, that the foregoing shall not relieve the driver of a\ntow truck from the duty to drive with due regard for the safety of all\npersons nor shall such provision protect the tow truck driver from the\nconsequences of his or her reckless disregard for the safety of others\nand shall at all times operate such tow truck in compliance with all\nstandards of care imposed to prevent those injuries or damages to\npersons or property of another which may result from the operator's\nnegligence, recklessness or intentional misconduct, nor shall it prevent\nmotor vehicles from using shoulders or slopes when directed by police\nofficers or flagpersons, nor does it prevent motor vehicles from\nstopping, standing, or parking on shoulders or slopes where such\nstopping, standing, or parking is lawful.\n