Determination unanimously modified on the law and as modified confirmed without costs, and matter remitted to respondents for further proceedings, in accordance with the following memorandum:
Petitioners, Gregory Pierce, a licensed funeral director, and Buffalo Memorial Chapels, Inc., a licensed funeral establishment, commenced this CPLR article 78 proceeding to challenge a determination of respondent Department of Health, made after a hearing, sustaining 59 of 60...
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