Frost v. Blum

Greenblott and Main, JJ., dissent and vote to reverse in the following memorandum by Greenblott, J. Greenblott, J. (dissenting).

The issue presented by this appeal is whether the commissioner may prorate an ADC grant for an unborn child where the pregnant mother has no unmet needs. In our view, she may, and we, therefore, dissent and vote to reverse. At the time of the commissioner’s determination, petitioner was pregnant, 19 years old and resided with her parents who took care of her needs. Pursuant to 18 NYCRR 352.30 (c), however, petitioner’s household was increased by one person, and…