2018 New York Laws
MHY - Mental Hygiene
Title E - General Provisions
Article 83 - Uniform Guardianship and Protective Proceedings Jurisdiction Act
83.25 - Jurisdiction Declined by Reason of Conduct.

§ 83.25 Jurisdiction declined by reason of conduct.
(a)  If  at any time a court of this state determines that it acquired
  jurisdiction to appoint a guardian of the person or issue  a  protective
  order because of unjustifiable conduct, the court may:
1. decline to exercise jurisdiction;
2.  exercise  jurisdiction  for  the  limited purpose of fashioning an
  appropriate remedy to ensure the  health,  safety  and  welfare  of  the
  respondent,  or the protection of the respondent's property or prevent a
  repetition  of  the  unjustifiable  conduct,   including   staying   the
  proceeding  until  a  petition  for the appointment of a guardian of the
  person or issuance of a protective order is filed in a court of  another
  state having jurisdiction; or
3. continue to exercise jurisdiction after considering:
(i)  the extent to which the respondent and all persons required to be
  notified of the proceedings have  acquiesced  in  the  exercise  of  the
  court's jurisdiction;
(ii)  whether  it  is  a  more appropriate forum than the court of any
  other state under the factors set forth in subdivision  (c)  of  section
  83.23 of this article; and
(iii)  whether  the  court  of any other state would have jurisdiction
  under  factual  circumstances  in  substantial   conformity   with   the
  jurisdictional standards of section 83.17 of this article.
(b)  If a court of this state determines that it acquired jurisdiction
  to appoint a guardian of the person or issue a protective order  because
  a  party  seeking  to  invoke  its jurisdiction engaged in unjustifiable
  conduct, it may assess  against  that  party  necessary  and  reasonable
  expenses,  including  attorney's  fees, investigative fees, court costs,
  communication expenses, witness fees and expenses, and travel  expenses.
  The  court  may  not  assess fees, costs or expenses of any kind against
  this state or a governmental subdivision, agency or  instrumentality  of
  this state unless authorized by law other than this article.