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MATTER OF SHAH v. DEBUONO

257 A.D.2d 256 (1999)

694 N.Y.S.2d 88

In the Matter of BIPIN SHAH, Petitioner, v. BARBARA DEBUONO, as Health Commissioner of the State of New York, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 6, 1999.

Attorney(s) appearing for the Case

Fatoullah Associates, New York City (Ellice Fatoullah of counsel), for petitioner.

Eliot L. Spitzer, Attorney General, New York City (Thomas D. Hughes and Archibald F. Robertson, Jr., of counsel), for Barbara DeBuono, Commissioner of the State of New York Department of Health, respondent.

Gary C. Samuels, Pomona, for Noah Weinberg, Commissioner of the Department of Social Services of Rockland County, respondent.

SULLIVAN, FRIEDMANN, and FLORIO, JJ., concur.

OPINION OF THE COURT

BRACKEN, J. P.

In this case, we hold that under the unambiguous terms of the applicable regulations, an individual who is institutionalized in the State of New York, who was not placed in a New York facility by another State, and who became incapable of indicating his or her intent at or after the age of 21 years is, for the purposes of Medicaid eligibility, to be deemed a resident of the State of New York.

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