Mercado v. Blum

In Mercado v. Blum, 76 AD2d 907, 429 N.Y.S.2d 904 (2d Dept 1980), after petitioner had enrolled in a vocational training program and employed a baby-sitter for her children based on the agency's approval for in-home day-care, the agency refused to pay. The trial court dismissed the petition for review of that decision. On appeal, the Appellate Division, Second Department reversed and directed the agency to reimburse petitioner for the in-home child-care expenses. The Court held that the regulations did not prohibit payments for in-home day-care by an agency to petitioner who was enrolled in a vocational training program, although the regulations did limit the state's liability to reimburse the agency for such payments. Thus, the Court held that the agency was required to reimburse petitioner for the in-home day-care expenses since the agency had already approved the services.