
    In the Matter of Frank Klein, Doing Business as Fairview Nursing Home, Respondent, v David Axelrod, as Commissioner of the New York State Department of Health, et al., Appellants.
    Argued November 19,1986;
    decided December 16, 1986
    
      APPEARANCES OF COUNSEL
    
      Robert Abrams, Attorney-General (Alan W. Rubenstein, O. Peter Sherwood and Peter H. Schiff of counsel), for appellants.
    
      
      Marvin L. Temer, Lawrence H. Cooke, Scott B. Lunin and David J. Larkin, Jr., for respondent.
   OPINION OF THE COURT

Order reversed, with costs, and petition dismissed (see, Matter of Cortlandt Nursing Home v Axelrod, 66 NY2d 169).

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.  