Babcock v. Rose

OPINION OF THE COURT

Robert G. Hurlbutt, J.

In a proceeding under CPLR article 78, petitioners seek review of respondents’ determination that under the regulations of the Department of Social Services, their children were ineligible for Aid to Dependent Children (ADC) benefits for a period of three months after a child in the family unit became categorically ineligible.

The facts are undisputed. Petitioner Babcock resides with her daughter Nicole, her boyfriend Scott Teller, and a child Zachary who is the common child of petitioner and Teller. Babcock received assistance for a household of four…