MATTER OF BARSKY v. BD. OF REGENTS


305 N.Y. 89 (1953)

In the Matter of Edward K. Barsky, Appellant, v. Board of Regents of the University of the State of New York, Respondent. In the Matter of Jacob Auslander, Appellant, v. Board of Regents of the University of the State of New York, Respondent. In the Matter of Louis Miller, Appellant, v. Board of Regents of the University of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided February 26, 1953


Attorney(s) appearing for the Case

Paxton Blair and Abraham Fishbein for appellant in first above-entitled proceeding.

Matthew Silverman for Haven Emerson and others, amici curiæ, in support of appellant's position in first above-entitled proceeding.

Paxton Blair, Joseph E. Brill, Coleman Gangel and Benjamin J. Jacobson for appellants in second and third above-entitled proceedings.

Osmond K. Fraenkel and Herbert Monte Levy for New York Civil Liberties Union, amicus curiæ, in support of appellants' position in all proceedings.

Nathaniel L. Goldstein, Attorney-General (Henry S. Manley and Wendell P. Brown of counsel), for respondent in all proceedings.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DYE and FROESSEL, JJ., concur with DESMOND, J.; FULD, J., dissents in opinion.


DESMOND, J.

These are proceedings, brought under article 78 of the Civil Practice Act, to review determinations of respondent Board of Regents, suspending for certain periods the medical licenses of petitioners Barsky and Auslander, and censuring and reprimanding petitioner Miller. In each instance the board found authority for its action in paragraph (b) of subdivision...

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