4 N.Y.3d 825 (2005)
SYLVIA SAMUELS et al., Appellants,
SYLVIA SAMUELS et al., Appellants,
v.
NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.
Court of Appeals of the State of New York.
Submitted March 7, 2005. Decided March 31, 2005.*826 Judge R.S. SMITH taking no part.