51 A.D.2d 545 | N.Y. App. Div. | 1976
In a proceeding pursuant to CPLR article 78 inter alia to compel respondents to grant medical assistance to petitioners on behalf of their unborn children, the appellant State Commissioner appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Westchester County, entered February 27, 1975, as (1) adjudged that the proceeding was "properly brought as a class action on behalf of petitioners and all others similarly situated through the State of New York”, (2) ordered the furnishing to petitioners and the class they represent, pending hearing and determination of the proceeding, of medical assistance pursuant to section 366 (subd 1, par [a]) of the Social Services Law, plus a regular recurring aid to families with dependent children (ADC) grant from the fourth month of pregnancy in order to provide for the needs of the unborn children, (3) adjudged that Administrative Letter 74 ADM-131, to the extent that it denies ADC benefits to petitioners ‘and the class they represent, is arbitrary and void, (4) permanently enjoined enforcement of that letter to the extent that it denies public assistance under the ADC program to petitioners or to the class they represent or refusal to include the needs of unborn children in the computation of initial public assistance eligibility and (5) ordered payment to the petitioners of public assistance under the ADC program on behalf of their unborn children in the amount to which they would have been entitled but for the administrative letter, retroactive to the date of their initial applications. Permission for the taking of this appeal is hereby granted by Mr. Justice Christ. Judgment modified, on the law, by deleting therefrom (1) the first decretal paragraph thereof, (2) the words "and the class petitioners represent” in the second and fourth decretal paragraphs thereof and (3) the words "or the class petitioners represent” and "and the class they represent” in the fifth decretal paragraph thereof. As so modified, judgment affirmed insofar as appealed from, without costs. No fact questions were raised by this appeal. Petitioners Catoe and Bartee were unmarried pregnant women who lived at home and were supported by their respective mothers. In October, 1974, both petitioners, who at the time were more than four months pregnant, applied for public assistance on behalf of their unborn children under the ADC program. Their applications were denied by the local agency because of a recent Administrative Letter (74 ADM-131) which had been issued by the appellant State Commissioner. In relevant part, this letter provides: "Although an unborn child is included in the public assistance case count and the household is considered to be increased by one (1) from the fourth month of a pregnancy which has been medically verified, the unborn child has no needs independent of the mother. * * * When a pregnant woman applies for public assistance for her unborn child and her needs are being met, the unborn child has no unmet needs. There are, therefore, no needs to be met under a public assistance program. For example, parents of a pregnant daughter are meeting all of the daughter’s needs. An application for public assistance for the unborn child would be denied since the unborn child has no needs apart from the mother and the