Citation Codes Equivalent Citations citation codes Attorney(S) James S. Gleason for Robert Abrams, Attorney-General ( Clifford A. Royael Peter H. Schiff of counsel), for See more information ... Smart Summary Please sign up to generate summary. TIOGA NURSING HOME, INC., Appellant, v. DAVID AXELROD, as Commissioner of the Department of Health of the State of New York, et al., Respondents, et al., Defendant. Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 90 A.D.2d 570). We would only add that to the extent that it can be argued that former regulation 10 N.Y.CRR 86.16 was inconsistent with the purpose of article 28-A of the Public Health Law, that regulation does not control. Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.