McNeil v. Shang

Judgment unanimously modified and, as modified, affirmed, with costs to petitioner, in accordance with the following memorandum: Special Term correctly determined that petitioner was entitled to full AFDC assistance for a family of six persons, without prorating, although a seventh member of the family, an infant, was the recipient of Social Security benefits (Matter of Nelson v Toia, 92 Misc 2d 575, affd 60 AD2d 796; and see Matter of Snowberger v Toia, 60 AD2d 783, affd 46 NY2d 803). It erred, however, in its direction to respondents only to pay petitioner the assistance erroneously denied…