44 A.D.2d 765 | N.Y. App. Div. | 1974
Judgment unanimously modified in accordance with memorandum and as modified affirmed, with costs to petitioner. Memorandum: Special Term incorrectly remanded this matter to the Monroe County Department of Social Services for a further hearing with respect to the ability of this unwed and pregnant, 20-year-old applicant’s parents to provide support for her unborn child. An unborn child has needs separate and distinct from its mother for which its grandparents (applicant’s parents) are not legally responsible (Social Services Law, § 101, subd. 1). This is conceded by the respondent State Commissioner of Social Services. Absent an obligation of support owing by the grandparents for the needs of a minor child or an unborn infant, their resources and income are irrelevant and should not he the subject of a hearing under subdivision c of section 349 Of the Social Services Law. We agree with the conclusion reached by Special