N.Y. Fam. Ct. Act § 580-204

§ 580-204. Simultaneous proceedings. (a) A tribunal of this state may\nexercise jurisdiction to establish a support order if the petition or\ncomparable pleading is filed after a pleading is filed in another state\nor a foreign country only if:\n (1) the petition or comparable pleading in this state is filed before\nthe expiration of the time allowed in the other state or the foreign\ncountry for filing a responsive pleading challenging the exercise of\njurisdiction by the other state or the foreign country;\n (2) the contesting party timely challenges the exercise of\njurisdiction in the other state or the foreign country; and\n (3) if relevant, this state is the home state of the child.\n (b) A tribunal of this state may not exercise jurisdiction to\nestablish a support order if the petition or comparable pleading is\nfiled before a petition or comparable pleading is filed in another state\nor a foreign country if:\n (1) the petition or comparable pleading in the other state or foreign\ncountry is filed before the expiration of the time allowed in this state\nfor filing a responsive pleading challenging the exercise of\njurisdiction by this state;\n (2) the contesting party timely challenges the exercise of\njurisdiction in this state; and\n (3) if relevant, the other state or foreign country is the home state\nof the child.\n