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MATTER OF RANKIN v. LAVINE

41 N.Y.2d 911 (1977)

In the Matter of Karen Rankin, by Marion Ritter, Her Mother and Natural Guardian, Respondent, v. Abe Lavine, as Commissioner of the New York State Department of Social Services, Appellant, et al., Respondent.

Court of Appeals of the State of New York.

Decided March 22, 1977.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Clifford A. Royael and Jean M. Coon of counsel), for appellant.

John M. LeFevre for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs. Under Federal law, a State may elect to pay, with Federal assistance, aid to dependent children benefits to pregnant women. However, the payment of such benefits is not mandatory. (Burns v Alcala, 420 U.S. 575.) In New York, the Department of Social Services, by its own regulations issued in pursuance...

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