Section 2973. Judicial review

1. The patient, an attending physician, a
  parent, non-custodial parent, or legal guardian of a minor patient,  any
  person  on  the  surrogate  list,  the  hospital  that is caring for the
  patient and, in disputes involving a patient who is in or is transferred
  from a mental hygiene or correctional facility, the  facility  director,
  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, except that the
  decision of a patient not to consent to issuance  of  an  order  not  to
  resuscitate  may  not be subjected to judicial review. In any proceeding
  brought pursuant to this subdivision challenging  a  decision  regarding
  issuance  of an order not to resuscitate on the ground that the decision
  is contrary to the patient's wishes or best  interests,  the  person  or
  entity  challenging  the  decision  must  show,  by clear and convincing
  evidence,  that  the  decision  is  contrary  to  the  patient's  wishes
  including  consideration  of  the patient's religious and moral beliefs,
  or, in the absence  of  evidence  of  the  patient's  wishes,  that  the
  decision  is  contrary  to  the  patient's  best interests. In any other
  proceeding brought pursuant to this subdivision, the  court  shall  make
  its  determination  based  upon the applicable substantive standards and
  procedures set forth in this article.
    2. In any proceeding brought pursuant to this section, the  court  may
  issue  an order, pursuant to the standards applicable to the issuance of
  a temporary restraining order according to section  six  thousand  three
  hundred  thirteen  of  the  civil  practice  law  and rules, which shall
  suspend the order not to resuscitate to permit review of the  matter  by
  the court.
    3.  Where  a person or entity may invoke the dispute mediation system,
  no such proceeding shall be commenced until the dispute mediation system
  has concluded its efforts to resolve the dispute  or  seventy-two  hours
  have elapsed from the submission of the dispute to the dispute mediation
  system, whichever shall occur first, provided, however, that the patient
  may commence an action for relief with respect to any dispute under this
  article  at  any time and provided further that the department of health
  or any other duly authorized state agency  may  commence  an  action  or
  proceeding to enjoin a violation of this article at any time.