N.Y. Mental Hygiene Law § 83.17: Jurisdiction

§ 83.17 Jurisdiction.

A court of this state has jurisdiction to appoint a guardian of the

person or issue a protective order for a respondent if:

(a) the state is the respondent's home state;

(b) on the date the petition is filed, this state is a

significant-connection state and:

1. the respondent does not have a home state or a court of the

respondent's home state has declined to exercise jurisdiction because

this state is a more appropriate forum; or

2. the respondent has a home state, a petition for an appointment or

order is not pending in a court of that state or another significant

connection state, and before the court makes the appointment or issues

the order:

(i) a petition for an appointment or order is not filed in the

respondent's home state;

(ii) an objection to the court's jurisdiction is not filed by a person

required to be notified of the proceeding; and

(iii) the court in this state concludes that it is an appropriate

forum under the factors set forth in section 83.23 of this article;

(c) this state does not have jurisdiction under either subdivision (a)

or (b) of this section, the respondent's home state and all

significant-connection states have declined to exercise jurisdiction

because this state is the more appropriate forum, and jurisdiction in

this state is consistent with the constitutions of this state and the

United States; or

(d) the requirements for special jurisdiction under section 83.19 of

this article are met.