N.Y. EPT Law § 10-6.1

§ 10-6.1 Exercise of a power of appointment; manifestation of intention\n of donee\n (a) Subject to paragraph (b), an effective exercise of a power of\nappointment does not require an express reference to such power. A power\nis effectively exercised if the donee manifests his intention to\nexercise it. Such a manifestation exists when the donee:\n (1) Declares in substance that he is exercising all the powers he has;\n (2) Sufficiently identifying the appointive property or any part\nthereof, executes an instrument purporting to dispose of such property\nor part;\n (3) Makes a disposition which, when read with reference to the\nproperty he owned and the circumstances existing at the time of its\nmaking, manifests his understanding that he was disposing of the\nappointive property; or\n (4) Leaves a will disposing of all of his property or all of his\nproperty of the kind covered by the power, unless the intention that the\nwill is not to operate as an execution of the power appears expressly or\nby necessary implication.\n (b) If the donor has expressly directed that no instrument shall be\neffective to exercise the power unless it contains a specific reference\nto the power, an instrument not containing such reference does not\nvalidly exercise the power.\n