MATTER OF JACKSON v. BLUM


79 A.D.2d 1076 (1981)

In the Matter of Lisa Jackson, on Behalf of Her Unborn Child, Respondent, v. Barbara Blum, as Commissioner of The New York State Department of Social Services, Appellant, and Muriel O'Connor, as Commissioner of The Sullivan County Department of Social Services, Respondent. (Proceeding No. 1.) In the Matter of Tammy Barley, on Behalf of Her Unborn Child and All Other Persons Similarly Situated, Respondent, v. Barbara Blum, as Commissioner of The New York State Department of Social Services, Appellant, and Bernhardt Kramer, as Commissioner of The Ulster County Department of Social Services, Respondent. (Proceeding No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 29, 1981


In both of the present proceedings, petitioners, who were unqualified for benefits, applied for public assistance under the Aid to Dependent Children (ADC) category for their unborn children. The children were granted aid but on a pro rata basis. Such proration was done pursuant to former 18 NYCRR 352.30 (c) which had been amended effective September 15, 1978 to provide that the increased household needs of a pregnant woman shall...

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