
    In the Matter of Somers Manor Nursing Home, Inc., Respondent, v Robert P. Whalen, as Commissioner of Health of the State of New York, Appellant.
   Judgment, Supreme Court, New York County, entered on January 31, 1978, unanimously affirmed on the opinion of Asch, J., at Special Term, without costs and without disbursements. Concur&emdash;Kupferman, J. P., Fein, Lane, Sandler and Sullivan, JJ.  