2006 New York Code - Initial Child Custody Jurisdiction.

 
    §  76.  Initial  child  custody  jurisdiction.  1. Except as otherwise
  provided in section seventy-six-c of this title, a court of  this  state
  has jurisdiction to make an initial child custody determination only if:
    (a)  this  state  is  the  home  state of the child on the date of the
  commencement of the proceeding, or was  the  home  state  of  the  child
  within  six  months  before  the  commencement of the proceeding and the
  child is absent from this state but a  parent  or  person  acting  as  a
  parent continues to live in this state;
    (b)  a  court  of  another  state  does  not  have  jurisdiction under
  paragraph (a) of this subdivision, or a court of the home state  of  the
  child  has  declined  to  exercise  jurisdiction on the ground that this
  state is the more  appropriate  forum  under  section  seventy-six-f  or
  seventy-six-g of this title, and:
    (i)  the  child and the child's parents, or the child and at least one
  parent or a person acting as a parent,  have  a  significant  connection
  with this state other than mere physical presence; and
    (ii)  substantial  evidence  is available in this state concerning the
  child's care, protection, training, and personal relationships;
    (c) all courts having jurisdiction under paragraph (a) or (b) of  this
  subdivision  have declined to exercise jurisdiction on the ground that a
  court of this state is the  more  appropriate  forum  to  determine  the
  custody  of  the  child  under section seventy-six-f or seventy-six-g of
  this title; or
    (d) no court of any other state  would  have  jurisdiction  under  the
  criteria specified in paragraph (a), (b) or (c) of this subdivision.
    2.  Subdivision  one  of  this section is the exclusive jurisdictional
  basis for making a child custody determination by a court of this state.
    3. Physical presence of, or personal jurisdiction over, a party  or  a
  child   is   not  necessary  or  sufficient  to  make  a  child  custody
  determination.