Briody Nursing Home v. McBarnette , 601 N.Y.S.2d 885 ( 1993 )

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.