
    In the Matter of Stephen L. Alaimo et al., Appellants, v David Axelrod, as Commissioner of Health of the State of New York, et al., Respondents.
    Decided October 14, 1982
    
      APPEARANCES OF COUNSEL
    
      Louis J. Balsamo for appellant.
    
      
      Robert Abrams, Attorney-General (.Alan W. Rubenstein of counsel), for respondents.
   OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, petition granted and respondents’ determination annulled (see Matter of Hodes v Axelrod, 56 NY2d 930, mot for rearg den 57 NY2d 775).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  