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  5. 69 N.Y.2d 639 (1986)
 

MATTER OF KLEIN v. AXELROD

69 N.Y.2d 639 (1986)

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.

Court of Appeals of the State of New York.

Decided December 16, 1986.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Alan W. Rubenstein, O. Peter Sherwood and Peter H. Schiff of counsel), for appellants.

Marvin L. Tenzer, Lawrence H. Cooke, Scott B. Lunin and David J. Larkin, Jr., for respondent.

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.

Order reversed, with costs, and petition dismissed (see, Matter of Cortlandt Nursing Home v Axelrod, 66 N.Y.2d 169

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