2006 New York Code - Simultaneous Proceedings.



 
    §  76-e.  Simultaneous proceedings. 1. Except as otherwise provided in
  section seventy-six-c of this title, a  court  of  this  state  may  not
  exercise  its  jurisdiction  under  this  title  if,  at the time of the
  commencement of the proceeding, a proceeding concerning the  custody  of
  the  child  has  been  commenced  in  a  court  of  another state having
  jurisdiction substantially in conformity with this article,  unless  the
  proceeding  has  been  terminated or is stayed by the court of the other
  state because a court of this state is a  more  convenient  forum  under
  section seventy-six-f of this title.
    2.  Except  as  otherwise  provided  in  section seventy-six-c of this
  title, a court of this state, before hearing a child custody proceeding,
  shall examine the court documents and other information supplied by  the
  parties  pursuant  to  section seventy-six-h of this title. If the court
  determines that a child custody proceeding has been commenced in a court
  in another state having jurisdiction substantially  in  accordance  with
  this  article,  the  court  of  this state shall stay its proceeding and
  communicate with the court of the other state. If the court of the state
  having jurisdiction substantially in accordance with this  article  does
  not  determine that the court of this state is a more appropriate forum,
  the court of this state shall dismiss the proceeding.
    3. In a proceeding to modify a child custody determination, a court of
  this  state  shall  determine  whether  a  proceeding  to  enforce   the
  determination  has  been  commenced in another state. If a proceeding to
  enforce a child custody determination  has  been  commenced  in  another
  state, the court may:
    (a) stay the proceeding for modification pending the entry of an order
  of a court of the other state enforcing, staying, denying, or dismissing
  the proceeding for enforcement:
    (b)  enjoin  the  parties  from  continuing  with  the  proceeding for
  enforcement; or
    (c) proceed  with  the  modification  under  conditions  it  considers
  appropriate.

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