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MATTER OF JENKINS v. NOVELLO

50 A.D.3d 381 (2008)

855 N.Y.S.2d 456

In the Matter of WILLIAM JENKINS, Deceased, by CONCOURSE REHABILITATION & NURSING CENTER, INC., on Behalf of the Public Administrator of Bronx County, Petitioner, v. ANTONIA C. NOVELLO, M.D., Individually and as Commissioner of the New York State Department of Health, Respondent.

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

Decided April 10, 2008.

Substantial evidence supports respondent's determination that Jenkins was not a resident of New York at the time he applied for Medicaid in May 2004 (see Matter of Lundgren v New York State Dept. of Social Servs., 145 A.D.2d 792 [1988]). Insofar as 42 CFR 435.403 (i) (4) is concerned, petitioner presented no firsthand evidence of Jenkins' intent to remain in New York permanently or for an indefinite period (see Lundgren, 145...

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