3 N.Y.3d 696 (2004)
In the Matter of BLOSSOM VIEW NURSING HOME, Appellant,
In the Matter of BLOSSOM VIEW NURSING HOME, Appellant,
v.
ANTONIA C. NOVELLO, M.D., as Commissioner of Health of State of New York, et al., Respondents.
Court of Appeals of the State of New York.
Submitted July 26, 2004. Decided September 21, 2004.Motion by the New York State Health Facilities Association, Inc. for leave to appear amicus curiae on the motion for leave to appeal herein granted and the affirmation is accepted as filed.