§ 2632. Admission to home. 1. Every veteran of the armed forces of
the United States, who (i) (A) was separated or discharged under
honorable conditions after serving on active duty therein for a period
of not less than thirty days, or (B) has a qualifying condition, as
defined in section one of the veterans' services law, and has received a
discharge other than bad conduct or dishonorable after serving on active
duty therein for a period of not less than thirty days, or (C) is a
discharged LGBT veteran, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable after serving on active duty therein for a period of not
less than thirty days, or (ii) (A) was separated or discharged under
honorable conditions after serving on active duty therein for a period
of not less than thirty days or (B) has a qualifying condition, as
defined in section one of the veterans' services law, and has received a
discharge other than bad conduct or dishonorable after serving on active
duty therein for a period of not less than thirty days, or (C) is a
discharged LGBT veteran, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable after serving on active duty therein for a period of not
less than thirty days, and who was a recipient of the armed forces
expeditionary medal, navy expeditionary medal or marine corps
expeditionary medal for participation in operations in Lebanon from June
first, nineteen hundred eighty-three to December first, nineteen hundred
eighty-seven, in Grenada from October twenty-third, nineteen hundred
eighty-three to November twenty-first, nineteen hundred eighty-three, or
in Panama from December twentieth, nineteen hundred eighty-nine to
January thirty-first, nineteen hundred ninety, or in Bosnia and
Herzgegovina from November twenty-first, nineteen hundred ninety-five to
November first, two thousand seven, or was a recipient of the Kosovo
campaign medal or (iii) (A) was separated or discharged under honorable
conditions after serving on active duty therein for a period of not less
than thirty days or (B) has a qualifying condition, as defined in
section one of the veterans' services law, and has received a discharge
other than bad conduct or dishonorable after serving on active duty
therein for a period of not less than thirty days, or (C) is a
discharged LGBT veteran, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable after serving on active duty therein for a period of not
less than thirty days, and who served during the period of actual
hostilities of either

(a) the Spanish-American war; or

(b) the incidental insurrection in the Philippines prior to July
fourth, nineteen hundred two; or

(c) world war I between April sixth, nineteen hundred seventeen and
November eleventh, nineteen hundred eighteen, both inclusive; or

(d) world war II between December seventh, nineteen hundred forty-one
and December thirty-first, nineteen hundred forty-six, both inclusive,
or who was employed by the War Shipping Administration or Office of
Defense Transportation or their agents as a merchant seaman documented
by the United States Coast Guard or Department of Commerce, or as a
civil servant employed by the United States Army Transport Service
(later redesignated as the United States Army Transportation Corps,
Water Division) or the Naval Transportation Service; and who served
satisfactorily as a crew member during the period of armed conflict,
December seventh, nineteen hundred forty-one, to August fifteenth,
nineteen hundred forty-five, aboard merchant vessels in oceangoing,
i.e., foreign, intercoastal, or coastwise service as such terms are
defined under federal law (46 USCA 10301 & 10501) and further to include
"near foreign" voyages between the United States and Canada, Mexico, or
the West Indies via ocean routes, or public vessels in oceangoing
service or foreign waters and who has received a Certificate of Release
or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense, or who served as a United States civilian employed by the
American Field Service and served overseas under United States Armies
and United States Army Groups in world war II during the period of armed
conflict, December seventh, nineteen hundred forty-one through May
eighth, nineteen hundred forty-five, and who (i) was discharged or
released therefrom under honorable conditions, or (ii) has a qualifying
condition, as defined in section one of the veterans' services law, and
has received a discharge other than bad conduct or dishonorable from
such service, or (iii) is a discharged LGBT veteran, as defined in
section one of the veterans' services law, and has received a discharge
other than bad conduct or dishonorable from such service, or who served
as a United States civilian Flight Crew and Aviation Ground Support
Employee of Pan American World Airways or one of its subsidiaries or its
affiliates and served overseas as a result of Pan American's contract
with Air Transport Command or Naval Air Transport Service during the
period of armed conflict, December fourteenth, nineteen hundred
forty-one through August fourteenth, nineteen hundred forty-five, and
who (iv) was discharged or released therefrom under honorable
conditions, or (v) has a qualifying condition, as defined in section one
of the veterans' services law, and has received a discharge other than
bad conduct or dishonorable from such service, or (vi) is a discharged
LGBT veteran, as defined in section one of the veterans' services law,
and has received a discharge other than bad conduct or dishonorable from
such service; or

(e) Korean conflict between June twenty-seventh, nineteen hundred
fifty and January thirty-first, nineteen hundred fifty-five, both
inclusive; or

(f) Viet Nam conflict between November first, nineteen hundred
fifty-five and May seventh, nineteen hundred seventy-five, both
inclusive; or

(g) veterans who served in the United States military and were exposed
to radiation during military service in a "radiation-risk activity"
defined as participation in the occupation of Hiroshima or Nagasaki,
Japan between August sixth, nineteen hundred forty-five through July
first, nineteen hundred forty-six; were prisoners of war in Japan during
World War II; onsite participation in a test involving the atmospheric
detonation of a nuclear device, whether or not the testing nation was
the United States; or

(h) in the Persian Gulf conflict from the second day of August,
nineteen hundred ninety to the end of such conflict including military
service in Operation Enduring Freedom, Operation Iraqi Freedom,
Operation New Dawn or Operation Inherent Resolve and was the recipient
of the global war on terrorism expeditionary medal or the Iraq campaign
medal or the Afghanistan campaign medal; and who was a resident of the
state of New York at the time of entry upon such active duty or who
shall have been a resident of this state for one year next preceding the
application for admission shall be entitled to admission to said home
after the approval of the application by the board of visitors, subject
to the provisions of this article and to the conditions, limitations and
penalties prescribed by the regulations of the department. Any such
veteran or dependent, who otherwise fulfills the requirements set forth
in this section, may be admitted directly to the skilled nursing
facility or the health related facility provided such veteran or
dependent is certified by a physician designated or approved by the
department to require the type of care provided by such facilities.

2. The unremarried surviving spouse as such term is defined under
section 101 of title thirty-eight of the United States Code of any such
veteran, or the unremarried surviving spouse, mother or father of any
such member of the armed forces of the United States who died while on
active duty, notwithstanding the length of such service, shall be
entitled to admission to said home after the approval of the application
by the board of visitors, subject to the provisions of this article and
to the conditions, limitations and penalties prescribed by the
regulations of the department and by the secretary of the United States
department of veterans affairs.

3. The spouse, as such term is defined under section 101 of title
thirty-eight of the United States Code, of any such veteran, unless such
veteran and his or her spouse have been legally separated, shall be
entitled to admission to said home after the approval of the application
by the board of visitors, subject to the provisions of this article and
to the conditions, limitations and penalties prescribed by the
regulations of the department and by the secretary of the United States
department of veterans affairs.

4. No spouse or unremarried surviving spouse of such a veteran shall
be admitted as a resident of said home unless married to such veteran at
least one year prior to the date of application.

5. Preference in admission shall be given as follows: first, to
veterans accompanied by their spouses based upon severity of illness or
disability and need for care; second, to other eligible veterans
pursuant to clause (ii) or (iii) of subdivision one of this section
based upon severity of illness or disability and need for care and the
order of the date of the conflict or operation listed in such clauses;
third, to other eligible veterans pursuant to clause (i) of subdivision
one of this section based upon severity of illness or disability and
need for care; fourth, to spouses and unremarried surviving spouses
based upon severity of illness or disability and need for care; fifth,
to mothers and fathers based upon severity of illness or disability and
need for care.

6. The board of visitors shall require an applicant for admission to
such home to file an affidavit of New York state residence and the
affidavits of at least two householders in and residents of the county
in New York state of which the applicant claims at the time of such
application to be a resident; and such affidavits shall, on
presentation, be accepted and received as sufficient proof, unless
contradicted, of the residence of such applicant in any actions or
proceedings against such county in which such residence of such
applicant is material.

7. The regulations of the department shall require that each applicant
for admission shall furnish a certification of all property of which he
or she is possessed and of all sources of income and that, following
admission, each resident shall be required to furnish further
certifications as to such facts from time to time, but not oftener than
at intervals of twelve months, and shall also require the payments by
residents of the home from such resources or income, or both, such
amounts in payment on account of the care and maintenance provided by
the home as the department shall find to be reasonable.