2012 New York Consolidated Laws
SOS - Social Services
Article 4 - (117 - 122) RESIDENCE AND REMOVAL
117 - State residence.

 
    §  117.  State  residence. 1. Any person who shall reside in the state
  continuously for one year under  the  conditions  hereinafter  specified
  shall  be  deemed  to  have state residence. State residence so acquired
  shall continue until such person shall have removed from the  state  and
  remained therefrom for one year; provided, however, that no person shall
  lose  state  residence  by  absence  from the state while serving in the
  armed forces of the United States  or  in  the  United  States  merchant
  marine,  or  while  attached to and serving with the armed forces of the
  United States and, provided further, that no member of the family of any
  such person shall lose state residence by absence from the  state  while
  living with or near such person during the period of such service and on
  account thereof.
    2.  An  infant  shall, at the time of birth, whether within or without
  the state, be deemed to have state residence if he is in the custody  of
  both  birth  parents  and  either  of them has state residence or if the
  birth parent having his custody has state residence. State residence  so
  acquired by a child born within the state shall continue until the child
  shall  have  removed from the state and remained therefrom for one year.
  State residence so acquired by a child  born  without  the  state  shall
  terminate  when  he  becomes  one  year of age if he remains without the
  state during such year. For the purpose of this subdivision and section,
  a child born out of wedlock whose birth parents were living together  on
  the  date  of  his  birth shall be deemed to have been in the custody of
  both his parents on such date if his birth father  has  acknowledged  or
  been adjudicated to be such.
    3.   (a)  Notwithstanding  any  other  provision  of  law,  no  public
  assistance benefits shall be paid to or for any  person  who  is  not  a
  resident  of  the  state  as  provided  in  this  article,  except  that
  assistance shall be provided to  a  person  who  is  otherwise  eligible
  during  the first twelve months in the state at a rate not exceeding the
  higher of fifty percent of the amount otherwise payable or the  standard
  of need applicable to the person under the laws of the state, if any, in
  which  he or she resided immediately prior to arrival in this state, but
  under no circumstances may such allowances exceed the amounts payable to
  a resident under this chapter; and no assistance shall be  provided  for
  any  alien  during  the  first  twelve months such person resides in the
  United States, except as set forth in paragraph (b) of this  subdivision
  and  except persons domiciled in the state on the effective date of this
  section, and except as otherwise required by federal law.  For  purposes
  of  this  section,  the  standard of payment applicable in another state
  shall refer to a  schedule  of  comparative  grants  to  be  promulgated
  biennially, setting forth the amount of that state's maximum standard of
  payment  with  respect  to each such program, if any, for each household
  size for any state which  financially  participates  in  or  mandates  a
  program under title IV-A of the federal social security act or a general
  assistance or disability assistance program.
    (b)  This  subdivision  shall  not  apply  to  any  person entitled to
  federally  funded  refugee  cash  assistance  under  Title  IV  of   the
  Immigration  and  Nationality  Act  or  to any person participating in a
  project  authorized  under  section  412(e)  of  the   Immigration   and
  Nationality Act.