New York Mental Hygiene Code § 83.29

Proceedings in more than one state
Open in Lexace · Ask the AI about this section
§ 83.29 Proceedings in more than one state.\n  Except for a petition for the appointment of a guardian of the person\nin an emergency or issuance of a protective order limited to property\nlocated in this state under paragraph one or two of subdivision (a) of\nsection 83.19 of this article, if a petition for the appointment of a\nguardian of the person or issuance of a protective order is filed in\nthis state and in another state and neither petition has been dismissed\nor withdrawn, the following rules apply:\n  (a) If the court in this state has jurisdiction under section 83.17 of\nthis article, it may proceed with the case unless a court in another\nstate acquires jurisdiction under provisions similar to such section\nbefore the appointment or issuance of the order.\n  (b) If the court in this state does not have jurisdiction under\nsection 83.17 of this article, whether at the time the petition is filed\nor at any time before the appointment or issuance of the order, the\ncourt shall stay the proceeding and communicate with the court in the\nother state. If the court in the other state has jurisdiction, the court\nin this state shall dismiss the petition unless the court in the other\nstate determines that the court in this state is a more appropriate\nforum.\n

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.