N.Y. Family Court Act § 580-802: Conditions of rendition

§ 580-802. Conditions of rendition. (a) Before making a demand that

the governor of another state surrender an individual charged criminally

in this state with having failed to provide for the support of an

obligee, the governor of this state may require a prosecutor of this

state to demonstrate that at least sixty days previously the obligee had

initiated proceedings for support pursuant to this article or that the

proceeding would be of no avail.

(b) If, under this article or a law substantially similar to this

article, the governor of another state makes a demand that the governor

of this state surrender an individual charged criminally in that state

with having failed to provide for the support of a child or other

individual to whom a duty of support is owed, the governor may require a

prosecutor to investigate the demand and report whether a proceeding for

support has been initiated or would be effective. If it appears that a

proceeding would be effective but has not been initiated, the governor

may delay honoring the demand for a reasonable time to permit the

initiation of a proceeding.

(c) If a proceeding for support has been initiated and the individual

whose rendition is demanded prevails, the governor may decline to honor

the demand. If the petitioner prevails and the individual whose

rendition is demanded is subject to a support order, the governor may

decline to honor the demand if the individual is complying with the

support order.