
    In the Matter of Briody Nursing Home, Respondent, v Loretta McBarnette, as Acting Commissioner of Health of the State of New York, et al., Appellants.
    (Appeal No. 3.)
    [601 NYS2d 885]
   Judgment unanimously modified on the law and as modified affirmed without costs in accordance with same Memorandum as in Matter of Avon Nursing Home v Axelrod (195 AD2d 1046 [decided herewith]). (Appeal from Judgment of Supreme Court, Monroe County, Calvaruso, J.—Article 78.) Present—Callahan, J. P., Green, Balio, Fallon and Doerr, JJ.  