N.Y. FCT Law § 580-802

§ 580-802. Conditions of rendition. (a) Before making a demand that\nthe governor of another state surrender an individual charged criminally\nin this state with having failed to provide for the support of an\nobligee, the governor of this state may require a prosecutor of this\nstate to demonstrate that at least sixty days previously the obligee had\ninitiated proceedings for support pursuant to this article or that the\nproceeding would be of no avail.\n (b) If, under this article or a law substantially similar to this\narticle, the governor of another state makes a demand that the governor\nof this state surrender an individual charged criminally in that state\nwith having failed to provide for the support of a child or other\nindividual to whom a duty of support is owed, the governor may require a\nprosecutor to investigate the demand and report whether a proceeding for\nsupport has been initiated or would be effective. If it appears that a\nproceeding would be effective but has not been initiated, the governor\nmay delay honoring the demand for a reasonable time to permit the\ninitiation of a proceeding.\n (c) If a proceeding for support has been initiated and the individual\nwhose rendition is demanded prevails, the governor may decline to honor\nthe demand. If the petitioner prevails and the individual whose\nrendition is demanded is subject to a support order, the governor may\ndecline to honor the demand if the individual is complying with the\nsupport order.\n