IN THE MATTER OF NEW YORK ASSOCIATION OF HOMES AND SERVICES FOR THE AGING, INC., ET AL., RESPONDENTS, v. COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF HEALTH, ET AL., APPELLANTS.

87 N.Y.2d 978, 665 N.E.2d 655, 642 N.Y.S.2d 854 (1996).
March 21, 1996

3 No. 24[1996 NY Int. 46]
Decided March 21, 1996

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Victor Paladino, for Appellants.
Peter G. Bergmann, for Respondent.

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Order reversed, with costs, and petition dismissed for the reasons stated in the dissenting opinions by Justices D. Bruce Crew (212 AD2d 163, at 170-172) and John T. Casey (212 AD2d 163, at 172) at the Appellate Division. Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

IN THE MATTER OF NEW YORK ASSOCIATION OF HOMES AND SERVICES FOR THE AGING, INC., ET AL., RESPONDENTS, v. COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF HEALTH, ET AL., APPELLANTS.

87 N.Y.2d 978, 665 N.E.2d 655, 642 N.Y.S.2d 854 (1996). March 21, 1996

87 N.Y.2d 978, 665 N.E.2d 655, 642 N.Y.S.2d 854 (1996).
March 21, 1996