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MATTER OF DE JONGE v. BLUM

55 N.Y.2d 1030 (1982)

In the Matter of Patricia De Jonge et al., Respondents, v. Barbara Blum, as Commissioner of the New York State Department of Social Services, et al., Appellants. In the Matter of Maria Justiniano, Respondent, v. Barbara Blum, as Commissioner of the New York State Department of Social Services, Appellant, et al., Respondent. In the Matter of Charlene Chatterton, Respondent, v. Barbara Blum, as Commissioner of the New York State Department of Social Services, Respondent, and W. Burton Richardson, as Commissioner of the Monroe County Department of Social Services, Appellant.

Court of Appeals of the State of New York.

Decided February 25, 1982.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Dale E. Skivington and Shirley Adelson Siegel of counsel), for Barbara Blum, as Commissioner of the New York State Department of Social Services.

Milo I. Tomanovich, James A. Robinson and Douglas Reynolds for W. Burton Richardson, as Commissioner of the Monroe County Department of Social Services.

Bryan Hetherington for Patricia De Jonge and others, respondents.

Rene H. Reixach for Charlene Chatterton, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The orders of the Appellate Division should be affirmed, with costs. The allowance for an unborn child may not be prorated by counting the expectant mother as a member of the statutory household when in fact she has no unmet needs (Snowberger v Toia, 46 N.Y.2d 803). Nor may the commissioner urge that it is reasonable to treat an unborn child differently from other needy...

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