TIOGA NURSING HOME, INC. v. AXELROD

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.