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M has custody of two of her children and subsists on Social Services financial aid. M's two-year-old twins lived with her; her firstborn, Robert, age 4, lived with his grandmother. The court ruled that Robert is a noncustodial child for purposes of section 413 (1) (g) of the Family Court Act. M and her children are entirely dependent upon the Department of Social Services for financial living assistance. Social Services filed a petition for support against M on behalf of the grandmother and the noncustodial child, Robert. The Family Court Hearing Examiner found against the Commissioner and directed an award of $0 per month in child support against M for Robert. The Hearing Examiner concluded that application of the mandatory minimum monthly award would be unjust and inappropriate since M and her two custodial children were themselves recipients of public assistance. The appellate court affirmed. The Commissioner and Attorney-General of the State of New York appeal as of right on constitutional grounds from the Appellate Division's order affirming Family Court.

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