N.Y. Domestic Relations Law § 76-b: Jurisdiction to modify determination

§ 76-b. Jurisdiction to modify determination. Except as otherwise

provided in section seventy-six-c of this title, a court of this state

may not modify a child custody determination made by a court of another

state unless a court of this state has jurisdiction to make an initial

determination under paragraph (a) or (b) of subdivision one of section

seventy-six of this title and:

1. The court of the other state determines it no longer has exclusive,

continuing jurisdiction under section seventy-six-a of this title or

that a court of this state would be a more convenient forum under

section seventy-six-f of this title; or

2. A court of this state or a court of the other state determines that

the child, the child's parents, and any person acting as a parent do not

presently reside in the other state.