N.Y. Mental Hygiene Law § 83.23: Appropriate forum

§ 83.23 Appropriate forum.

(a) A court of this state having jurisdiction under section 83.17 of

this article to appoint a guardian of the person or issue a protective

order may decline to exercise its jurisdiction if it determines at any

time that a court of another state is a more appropriate forum.

(b) If a court of this state declines to exercise its jurisdiction

under subdivision (a) of this section, it shall either dismiss or stay

the proceeding. The court may impose any condition the court considers

just and proper, including the condition that a petition for the

appointment of a guardian of the person or issuance of a protective

order be filed promptly in another state.

(c) In determining whether it is an appropriate forum, the court shall

consider all relevant factors, including:

1. any expressed preference of the respondent;

2. whether abuse, neglect or exploitation of the respondent has

occurred or is likely to occur, and which state could best protect the

respondent from the abuse, neglect or exploitation;

3. the length of time the respondent was physically present in or was

a legal resident of this or another state;

4. the distance of the respondent from the court in each state;

5. the financial circumstances of the respondent's estate;

6. the nature and location of the evidence;

7. the ability of the court in each state to decide the issue

expeditiously and the procedures necessary to present evidence;

8. the familiarity of the court of each state with the facts and

issues in the proceeding; and

9. if an appointment were made, the court's ability to monitor the

conduct of the guardian or conservator.