(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.
Structure New York Laws
Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act
83.05 - International Application of This Article.
83.07 - Communication Between Courts.
83.09 - Cooperation Between Courts.
83.11 - Taking Testimony in Another State.
83.13 - Significant Connection Factors.
83.21 - Exclusive and Continuing Jurisdiction.
83.25 - Jurisdiction Declined by Reason of Conduct.
83.29 - Proceedings in More Than One State.
83.31 - Transfer of Guardianship or Conservatorship to Another State.
83.33 - Accepting Guardianship or Conservatorship Transferred From Another State.
83.35 - Registration of Orders Appointing a Guardian of the Person.
83.37 - Registration of Protective Orders.
83.39 - Effect of Registration.
83.41 - Uniformity of Application and Construction.
83.43 - Relation to Electronic Signatures in Global and National Commerce Act.