N.Y. Family Court Act § 580-204: Simultaneous proceedings

§ 580-204. Simultaneous proceedings. (a) A tribunal of this state may

exercise jurisdiction to establish a support order if the petition or

comparable pleading is filed after a pleading is filed in another state

or a foreign country only if:

(1) the petition or comparable pleading in this state is filed before

the expiration of the time allowed in the other state or the foreign

country for filing a responsive pleading challenging the exercise of

jurisdiction by the other state or the foreign country;

(2) the contesting party timely challenges the exercise of

jurisdiction in the other state or the foreign country; and

(3) if relevant, this state is the home state of the child.

(b) A tribunal of this state may not exercise jurisdiction to

establish a support order if the petition or comparable pleading is

filed before a petition or comparable pleading is filed in another state

or a foreign country if:

(1) the petition or comparable pleading in the other state or foreign

country is filed before the expiration of the time allowed in this state

for filing a responsive pleading challenging the exercise of

jurisdiction by this state;

(2) the contesting party timely challenges the exercise of

jurisdiction in this state; and

(3) if relevant, the other state or foreign country is the home state

of the child.