N.Y. Domestic Relations Law § 76-e: Simultaneous proceedings

§ 76-e. Simultaneous proceedings. 1. Except as otherwise provided in

section seventy-six-c of this title, a court of this state may not

exercise its jurisdiction under this title if, at the time of the

commencement of the proceeding, a proceeding concerning the custody of

the child has been commenced in a court of another state having

jurisdiction substantially in conformity with this article, unless the

proceeding has been terminated or is stayed by the court of the other

state because a court of this state is a more convenient forum under

section seventy-six-f of this title.

2. Except as otherwise provided in section seventy-six-c of this

title, a court of this state, before hearing a child custody proceeding,

shall examine the court documents and other information supplied by the

parties pursuant to section seventy-six-h of this title. If the court

determines that a child custody proceeding has been commenced in a court

in another state having jurisdiction substantially in accordance with

this article, the court of this state shall stay its proceeding and

communicate with the court of the other state. If the court of the state

having jurisdiction substantially in accordance with this article does

not determine that the court of this state is a more appropriate forum,

the court of this state shall dismiss the proceeding.

3. In a proceeding to modify a child custody determination, a court of

this state shall determine whether a proceeding to enforce the

determination has been commenced in another state. If a proceeding to

enforce a child custody determination has been commenced in another

state, the court may:

(a) stay the proceeding for modification pending the entry of an order

of a court of the other state enforcing, staying, denying, or dismissing

the proceeding for enforcement:

(b) enjoin the parties from continuing with the proceeding for

enforcement; or

(c) proceed with the modification under conditions it considers

appropriate.