N.Y. Mental Hygiene Law § 83.25: Jurisdiction declined by reason of conduct

§ 83.25 Jurisdiction declined by reason of conduct.

(a) If at any time a court of this state determines that it acquired

jurisdiction to appoint a guardian of the person or issue a protective

order because of unjustifiable conduct, the court may:

1. decline to exercise jurisdiction;

2. exercise jurisdiction for the limited purpose of fashioning an

appropriate remedy to ensure the health, safety and welfare of the

respondent, or the protection of the respondent's property or prevent a

repetition of the unjustifiable conduct, including staying the

proceeding until a petition for the appointment of a guardian of the

person or issuance of a protective order is filed in a court of another

state having jurisdiction; or

3. continue to exercise jurisdiction after considering:

(i) the extent to which the respondent and all persons required to be

notified of the proceedings have acquiesced in the exercise of the

court's jurisdiction;

(ii) whether it is a more appropriate forum than the court of any

other state under the factors set forth in subdivision (c) of section

83.23 of this article; and

(iii) whether the court of any other state would have jurisdiction

under factual circumstances in substantial conformity with the

jurisdictional standards of section 83.17 of this article.

(b) If a court of this state determines that it acquired jurisdiction

to appoint a guardian of the person or issue a protective order because

a party seeking to invoke its jurisdiction engaged in unjustifiable

conduct, it may assess against that party necessary and reasonable

expenses, including attorney's fees, investigative fees, court costs,

communication expenses, witness fees and expenses, and travel expenses.

The court may not assess fees, costs or expenses of any kind against

this state or a governmental subdivision, agency or instrumentality of

this state unless authorized by law other than this article.