2006 New York Code - Jurisdiction To Modify Determination.

 
    §  76-b.  Jurisdiction  to  modify  determination. Except as otherwise
  provided in section seventy-six-c of this title, a court of  this  state
  may  not modify a child custody determination made by a court of another
  state unless a court of this state has jurisdiction to make  an  initial
  determination  under  paragraph (a) or (b) of subdivision one of section
  seventy-six of this title and:
    1. The court of the other state determines it no longer has exclusive,
  continuing jurisdiction under section seventy-six-a  of  this  title  or
  that  a  court  of  this  state  would  be a more convenient forum under
  section seventy-six-f of this title; or
    2. A court of this state or a court of the other state determines that
  the child, the child's parents, and any person acting as a parent do not
  presently reside in the other state.