2992 - Special proceeding authorized.

§  2992.  Special proceeding authorized. The health care provider, the  conservator  for,  or  committee  of  the  principal,  members  of   the  principal's  family,  a  close  friend  of  the  principal as defined in  subdivision five of section two thousand nine hundred sixty-one of  this  chapter,  or  the  commissioner  of  health,  mental  health,  or mental  retardation  and  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 or (b) is acting in bad faith; 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.