N.Y. MHY Law § 83.25

§ 83.25 Jurisdiction declined by reason of conduct.\n (a) If at any time a court of this state determines that it acquired\njurisdiction to appoint a guardian of the person or issue a protective\norder because of unjustifiable conduct, the court may:\n 1. decline to exercise jurisdiction;\n 2. exercise jurisdiction for the limited purpose of fashioning an\nappropriate remedy to ensure the health, safety and welfare of the\nrespondent, or the protection of the respondent's property or prevent a\nrepetition of the unjustifiable conduct, including staying the\nproceeding until a petition for the appointment of a guardian of the\nperson or issuance of a protective order is filed in a court of another\nstate having jurisdiction; or\n 3. continue to exercise jurisdiction after considering:\n (i) the extent to which the respondent and all persons required to be\nnotified of the proceedings have acquiesced in the exercise of the\ncourt's jurisdiction;\n (ii) whether it is a more appropriate forum than the court of any\nother state under the factors set forth in subdivision (c) of section\n83.23 of this article; and\n (iii) whether the court of any other state would have jurisdiction\nunder factual circumstances in substantial conformity with the\njurisdictional standards of section 83.17 of this article.\n (b) If a court of this state determines that it acquired jurisdiction\nto appoint a guardian of the person or issue a protective order because\na party seeking to invoke its jurisdiction engaged in unjustifiable\nconduct, it may assess against that party necessary and reasonable\nexpenses, including attorney's fees, investigative fees, court costs,\ncommunication expenses, witness fees and expenses, and travel expenses.\nThe court may not assess fees, costs or expenses of any kind against\nthis state or a governmental subdivision, agency or instrumentality of\nthis state unless authorized by law other than this article.\n