Opinion
Argued November 16, 1977
Decided December 15, 1977
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ANDREW R. TYLER, J.
Larry M. Lavinsky and James H. Carmichael for appellant.
Louis J. Lefkowitz, Attorney-General (Mark C. Rutzick and Samuel A. Hirshowitz of counsel), for respondent.
Order affirmed, with costs, on the Per Curiam opinion at the Appellate Division ( 52 A.D.2d 181). To the extent that Matter of Catholic Med. Center v Department of Health ( 54 A.D.2d 933) takes a contrary view, that view is disregarded.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE. Taking no part: Judge WACHTLER.