N.Y. Mental Hygiene Law § 83.29: Proceedings in more than one state

§ 83.29 Proceedings in more than one state.

Except for a petition for the appointment of a guardian of the person

in an emergency or issuance of a protective order limited to property

located in this state under paragraph one or two of subdivision (a) of

section 83.19 of this article, if a petition for the appointment of a

guardian of the person or issuance of a protective order is filed in

this state and in another state and neither petition has been dismissed

or withdrawn, the following rules apply:

(a) If the court in this state has jurisdiction under section 83.17 of

this article, it may proceed with the case unless a court in another

state acquires jurisdiction under provisions similar to such section

before the appointment or issuance of the order.

(b) If the court in this state does not have jurisdiction under

section 83.17 of this article, whether at the time the petition is filed

or at any time before the appointment or issuance of the order, the

court shall stay the proceeding and communicate with the court in the

other state. If the court in the other state has jurisdiction, the court

in this state shall dismiss the petition unless the court in the other

state determines that the court in this state is a more appropriate

forum.