5 N.Y.3d 817 (2005)
In the Matter of VISITING NURSE SERVICE OF NEW YORK HOME CARE, Respondent,
In the Matter of VISITING NURSE SERVICE OF NEW YORK HOME CARE, Respondent,
v.
NEW YORK STATE DEPARTMENT OF HEALTH et al., Appellants.
Court of Appeals of the State of New York.
Submitted September 6, 2005. Decided September 13, 2005.Motion by Mercy Hospital of Buffalo et al. for leave to appear amici curiae on the appeal herein granted to the extent that the proposed brief is accepted as filed.