Appellate Division of the Supreme Court of the State of New York July 16, 1993, Appeal No. 6 (Elm Manor Nursing Home v. Axelrod)

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with same Memorandum as in Matter of Avon Nursing Home v Axelrod (195 AD2d 1046 [decided herewith]). (Appeal from Judgment of Supreme Court, Monroe County, Calvaruso, J.—Article 78.) Present—Callahan, J. P., Green, Balio, Fallon and Doerr, JJ.