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  5. 43 N.Y.2d 675 (1977)
 

MATTER OF KEW GARDENS SANITARIUM, INC. v. WHALEN

43 N.Y.2d 675 (1977)

In the Matter of Kew Gardens Sanitarium, Inc., et al., on Behalf of Themselves and All Others Similarly Situated, Appellants-Respondents, v. Robert P. Whalen, as Commissioner of the Department of Health of the State of New York, Respondent-Appellant. In the Matter of Medical Arts Sanitarium, Inc., Appellant-Respondent, v. Robert P. Whalen, as Commissioner of the Department of Health of the State of New York, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided November 15, 1977.

Attorney(s) appearing for the Case

Robert H. Iseman for appellants-respondents.

Louis J. Lefkowitz, Attorney-General (Clifford A. Royael and Ruth Kessler Toch of counsel), for respondent-appellant.

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

Order affirmed, without costs, on the opinion by Mr. Justice MICHAEL E. SWEENEY at the Appellate Division (55 A.D.2d 226

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