Etten v. Blum

Mahoney, P. J. (dissenting).

Although I agree with the majority’s position that the discontinuance of aid to petitioner was proper because of her refusal to execute a mortgage in favor of the Department of Social Services, I disagree with that part of the holding that requires the continuance of aid to petitioner’s children. Subdivision 1 of section 360 of the Social Services Law provides explicit statutory authority for requiring the execution of a mortgage as a precondition to the continuance of aid and has been upheld in the face of constitutional attack (see Snell v Wyman, 281 F Supp 853,…