Section 2976. Judicially approved order not to resuscitate

1. If no
  surrogate is reasonably available, willing to make a decision  regarding
  issuance  of  an  order  not  to  resuscitate,  and  competent to make a
  decision regarding issuance of an order not to resuscitate on behalf  of
  an adult patient who lacks capacity and who had not previously expressed
  a  decision  regarding  cardiopulmonary  resuscitation  pursuant to this
  article, an attending physician  or  hospital  may  commence  a  special
  proceeding pursuant to article four of the civil practice law and rules,
  in  a  court  of  competent  jurisdiction,  for a judgment directing the
  physician to issue an order not to resuscitate where the patient  has  a
  terminal  condition,  is permanently unconscious, or resuscitation would
  impose an extraordinary burden on the patient in light of the  patient's
  medical  condition  and  the  expected  outcome of resuscitation for the
  patient, and issuance of an order not to resuscitate is consistent  with
  the   patient's  wishes  including  a  consideration  of  the  patient's
  religious and moral beliefs or,  in  the  absence  of  evidence  of  the
  patient's wishes, the patient's best interests.
    2.  Nothing  in this article shall be construed to preclude a court of
  competent jurisdiction from approving the issuance of an  order  not  to
  resuscitate  under  circumstances  other  than those under which such an
  order may be issued pursuant to this article.