
    [665 NE2d 655, 642 NYS2d 854]
    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.
    Argued February 13, 1996;
    decided March 21, 1996
    
      APPEARANCES OF COUNSEL
    
      Dennis C. Vacco, Attorney-General, Albany (Victor Paladino, Victoria A. Graffeo and Peter H. Schiff of counsel), for appellants.
    
      Cadwalader, Wickersham & Taft, New York City (Peter G. Bergmann, Kathy Hirata Chin and William J. Natbony of counsel), for respondents.
   OPINION OF THE COURT

Order reversed, with costs, and petition dismissed for the reasons stated in the dissenting opinions by Justices D. Bruce Crew (212 AD2d 163, 170-172) and John T. Casey (212 AD2d 163, 172) at the Appellate Division.

Concur: Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick.  