MATTER OF MARKS v. REGENTS OF UNIV. OF N. Y.


203 Misc. 837 (1951)

In the Matter of Arnold H. Marks et al., Petitioners, v. Regents of the University of the State of New York et al., Respondents.

Supreme Court, Special Term, Albany County.

June 12, 1951.


Attorney(s) appearing for the Case

Grover M. Moscowitz and Nicholas H. Pinto for petitioners.

Charles A. Brind, Jr., and Robert C. Killough, Jr., for respondents.

Harold Kohn for New York State Optometric Association, amicus curiæ.


MacAFFER, J.

This proceeding, pursuant to the provisions of article 78 of the Civil Practice Act, has been instituted by the forty-one above-named persons who are graduates of optometry schools and who have been refused the right to take an examination by the Board of Regents, the passing of which would entitle them to become licensed optometrists in this State. This proceeding was originally instituted by thirty...

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