OPINION OF THE COURT
Order reversed, with costs, and petition dismissed (see, Matter of Cortlandt Nursing Home v Axelrod, 66 NY2d 169). Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.
In the Matter of Frank Klein, Doing Business as Fairview Nursing Home, Respondent, v. David Axelrod, as Commissioner of the New York State Department of Health, et al., Appellants
69 N.Y.2d 639
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