2006 New York Code - Jurisdiction.

 
    §  1013.  Jurisdiction.  (a)  The  family court has exclusive original
  jurisdiction over proceedings under this article alleging the  abuse  or
  neglect of a child.
    (b)  For the protection of children, the family court has jurisdiction
  over proceedings under this article  notwithstanding  the  fact  that  a
  criminal court also has or may be exercising jurisdiction over the facts
  alleged in the petition or complaint.
    (c)  In  determining the jurisdiction of the court under this article,
  the age of the child at  the  time  the  proceedings  are  initiated  is
  controlling.
    (d)  In  determining the jurisdiction of the court under this article,
  the child need not be currently in the care or custody of the respondent
  if the court otherwise has jurisdiction over the matter.