N.Y. Public Health Law § 2992: Special proceeding authorized

§ 2992. Special proceeding authorized. The health care provider or

guardian of the principal under article eighty-one of the mental hygiene

law or article seventeen-A of the surrogate's court procedure act,

members of the principal's family, a close friend of the principal as

defined in subdivision four of section twenty-nine hundred ninety-four-a

of this chapter, or the commissioner, the commissioner of mental health,

or the commissioner of developmental disabilities may commence a special

proceeding pursuant to article four of the civil practice law and rules,

in a court of competent jurisdiction, with respect to any dispute

arising under this article, including, but not limited to, a proceeding

to:

1. determine the validity of the health care proxy;

2. have the agent removed on the ground that the agent (a) is not

reasonably available, willing and competent to fulfill his or her

obligations under this article; (b) is acting in bad faith; or (c) is

the subject of an order of protection protecting the principal or has

been arrested or charged for a criminal act that allegedly caused the

principal's lack of capacity or substantially injured or impaired the

health status of the principal, provided that the application of this

provision in a particular case may be waived or modified in the interest

of justice; or

3. override the agent's decision about health care treatment on the

grounds that: (a) the decision was made in bad faith or (b) the decision

is not in accordance with the standards set forth in subdivision one or

two of section two thousand nine hundred eighty-two of this article.