
    In the Matter of Richard A. Rainka, Appellant, v Robert P. Whalen, as Commissioner of the Department of Health of the State of New York, Respondent.
    Argued October 17, 1980;
    decided November 20, 1980
    
      APPEARANCES OF COUNSEL
    
      Richard H. Weiner and Terence J. Devine for appellant.
    
      Robert Abrams, Attorney-General (William J. Kogan and Shirley Adelson Siegel of counsel), for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (73 AD2d 731).

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