
    In the Matter of Albert Baird, Doing Business as Baird Nursing Home, Appellant, v David Axelrod, as Commissioner of Health of the State of New York, Respondent.
    Argued April 23, 1985;
    decided May 28, 1985
    
      APPEARANCES OF COUNSEL
    
      Cornelius D. Murray for appellant.
    
      Robert Abrams, Attorney-General (Clifford A. Royael, Robert Hermann and Peter H. Schiff of counsel), for respondent.
   OPINION OF THE COURT

Judgment affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (102 AD2d 972).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander. Taking no part: Judge Titone.  