even though New York was the home State, the Court held: "However, the Parental Kidnapping Prevention Act (hereinafter PKPA) (28 USC § 1738A et seq.), which preempts the UCCJA under the Supremacy Clause of the United States Constitution (see, Enslein v Enslein, 112 AD2d 973; see also, People ex rel. Rosenberg v Rosenberg, 160 AD2d 327, 328; Matter of Michael P. v Diana G., 156 AD2d 59, 65), requires the New York court to defer to the jurisdiction of the Kansas courts. Under the PKPA, the New York court may not exercise jurisdiction to modify the Kansas judgment unless the Kansas court no longer has jurisdiction or declines to exercise that jurisdiction (see, 28 USC § 1738A [a], [f]). The PKPA further provides that the State which issued a judgment awarding custody continues to have jurisdiction if its own laws provide for continuing jurisdiction and one of the contestants continues to reside in that State (see, 28 USC § 1738A [d]). Under the relevant provision of Kansas Statutes § 38-1303 (a) (1), which is identical to New York's provision of the UCCJA (see, Domestic Relations Law § 75-d [1] [a]), the Kansas court retained jurisdiction over modification of the father's visitation rights." (Capobianco v Willis, 171 AD2d 834, 835-836.) Pursuant to this reasoning, the Second Department would undoubtedly hold that even if New Jersey is the home State, where New York had issued the judgment awarding custody, it continues to have jurisdiction so long as one of the contestants continues to reside therein and New York's statute provides for jurisdiction (see, Domestic Relations Law § 75-d [1] [b]). Notwithstanding the majority holding in Matter of Hahn v Rychling (supra), this court finds that case law in the First, Fourth and notably the Second Departments, agrees that New York courts have the authority to assert jurisdiction under Domestic Relations Law § 75-d (1) (b) when a modification of a prior New York order is sought and one of the contestants continues to reside in the State even when the child's home State is not New York. Further, the PKPA is not inconsistent with such a holding for the reasons previously stated herein. Therefore, respondent's application to dismiss the instant proceeding is denied.