2023 New York Laws › SOS - Social Services › Article 4 - 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 noncitizen 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.