De Jonge v. Blum

opinion of the court

Memorandum.

The orders of the Appellate Division should be affirmed, with costs. The allowance for an unborn child may not be prórated by counting the expectant mother as a member of the statutory household when in fact she has no unmet needs (Snowberger v Toia, 46 NY2d 803). Nor may the commissioner urge that it is reasonable to treat an unborn child differently from other needy persons in view of the fact that the commissioner’s own regulations expressly provide that an unborn child shall be considered as a living child for the purpose of the basic allowance (18 NYCRR…