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In the Matter of STEPHEN L. ALAIMO et al., Appellants, v. DAVID AXELROD, as Commissioner of Health of the State of New York, et al., Respondents.

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 reversed, with costs, petition granted and respondents' determination annulled (see Matter of Hodes v Axelrod, 56 N.Y.2d 930, mot for rearg den 57 N.Y.2d 775).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

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MATTER OF ALAIMO v. AXELROD
(Oct 14, 1982)