MATTER OF WESSER v. STATE OF NEW YORK DEPT. OF HEALTH

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs. The Appellate Division correctly held that section 303 of the State Administrative Procedure Act is applicable and that it precludes the petitioner from seeking judicial review at this time.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.