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  5. 44 N.Y.2d 754 (1978)
 

MATTER OF KAYE v. WHALEN

44 N.Y.2d 754 (1978)

In the Matter of Leslie Kaye et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. Robert P. Whalen, as Commissioner of Health of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 25, 1978.

Attorney(s) appearing for the Case

Cornelius D. Murray and Lewis A. Aronowitz for appellants.

Louis J. Lefkowitz, Attorney-General (Arthur Patane, Ruth Kessler Toch and Edward J. Kelly of counsel), for respondents.

James W. Sanderson for New York Association of Homes for the Aging and another, amici curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Retroactive application of the rates and regulations promulgated by the commissioner in October of 1976 was expressly authorized by statute (Public Health Law, § 2807, subd 2, par [e], L 1976, ch 76, § 11). We find no merit in the appellants' argument that retroactive application of the rates impaired existing contract rights in view of...

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