
    In the Matter of Kew Gardens Sanitarium, Inc., et al., on Behalf of Themselves and All Others Similarly Situated, Appellants-Respondents, v Robert P. Whalen, as Commissioner of the Department of Health of the State of New York, Respondent-Appellant. In the Matter of Medical Arts Sanitarium, Inc., Appellant-Respondent, v Robert P. Whalen, as Commissioner of the Department of Health of the State of New York, Respondent-Appellant.
    Argued October 12, 1977;
    decided November 15,1977
    
      APPEARANCES OF COUNSEL
    
      Robert H. Iseman for appellants-respondents.
    
      Louis J. Lefkowitz, Attorney-General (Clifford A. Royael and Ruth Kessler Toch of counsel), for respondent-appellant.
   OPINION OF THE COURT

Order affirmed, without costs, on the opinion by Mr. Justice Michael E. Sweeney at the Appellate Division (55 AD2d 226).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  