74 A.D.2d 677 | N.Y. App. Div. | 1980
Appeal from a judgment of the Supreme Court at Special Term, entered May 24, 1979 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a fair hearing decision of the Commissioner of the New York State Department of Social Services. Petitioner Lisa Dillon was receiving public assistance under the category of aid to families with dependent children for herself and one child when, on January 7, 1978, her public assistance allowance was increased to reflect an additional member in her household because she was then entering her fourth month of pregnancy. This increase was granted by the Albany County Department of Social Services (local agency) pursuant to 18 NYCRR 352.30 (c), which provided that: "For purposes of the schedule of monthly payments and allowances [Schedule SA-2 of Section 352.2 of this Part] only, the household of a pregnant woman who has been determined to be in need of public assistance shall be deemed increased by one person from the fourth month of medically verified pregnancy.” Subsequently, on January 31, 1978, petitioner was advised by her physician that she was carrying twin unborn children, and as a result, she requested that the local agency increase her assistance grant