N.Y. Veh. & Traf. Law § 1131

* § 1131. Driving on shoulders and slopes. Except for bicycles and\nthose classes of vehicles required to travel on shoulders or slopes, no\nmotor vehicle shall be driven over, across, along, or within any\nshoulder or slope of any state controlled-access highway except at a\nlocation specifically authorized and posted by the department of\ntransportation. The foregoing limitation shall not prevent motor\nvehicles from using shoulders or slopes when directed by police officers\nor flagpersons, nor does it prevent motor vehicles from stopping,\nstanding, or parking on shoulders or slopes where such stopping,\nstanding, or parking is lawful.\n * NB Effective until November 29, 2016\n * § 1131. Driving on shoulders and slopes. Except for bicycles and\nthose classes of vehicles required to travel on shoulders or slopes, no\nmotor vehicle shall be driven over, across, along, or within any\nshoulder or slope of any state controlled-access highway except at a\nlocation specifically authorized and posted by the department of\ntransportation. The foregoing limitation shall not prevent tow trucks\nfrom using shoulders or slopes in as limited and incidental a manner as\npracticable when dispatched to the scene of an accident by a law\nenforcement agency or an authority, department or agency having\njurisdiction over such controlled-access highway and all lanes are\nobstructed by traffic, provided, however, that the foregoing shall not\nrelieve the driver of a tow truck from the duty to drive with due regard\nfor the safety of all persons nor shall such provision protect the tow\ntruck driver from the consequences of his or her reckless disregard for\nthe safety of others and shall at all times operate such tow truck in\ncompliance with all standards of care imposed to prevent those injuries\nor damages to persons or property of another which may result from the\noperator's negligence, recklessness or intentional misconduct, nor shall\nit prevent motor vehicles from using shoulders or slopes when directed\nby police officers or flagpersons, nor does it prevent motor vehicles\nfrom stopping, standing, or parking on shoulders or slopes where such\nstopping, standing, or parking is lawful.\n * NB Effective November 29, 2016\n