New York Laws
Article 25 - Driving on Right Side of Roadway, Overtaking and Passing, Etc.
1123 - When Overtaking on the Right Is Permitted.

(b) The driver of a vehicle may overtake and pass another vehicle upon
the right only under conditions permitting such movement in safety.
Such movement shall not be made by driving off the pavement or
main-traveled portion of the roadway, except as permitted by section
eleven hundred thirty-one of this article.