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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.

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

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

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MATTER OF KLEIN v. AXELROD
(Dec 16, 1986)