MATTER OF WHITE v. STATE BD. OF PHARMACY


285 A.D. 486 (1955)

In the Matter of Lyman White, Petitioner, v. State Board of Pharmacy, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 9, 1955.


Attorney(s) appearing for the Case

John D. Frawley for petitioner.

Jacob K. Javits, Attorney-General (Henry S. Manley of counsel), for respondent.

FOSTER, P. J., COON, IMRIE and ZELLER, JJ., concur.


BERGAN, J.

The sale of "drugs" at retail is made a misdemeanor by the Education Law (§ 6804, subd. 3, par. c) unless under the "immediate personal supervision of a pharmacist or druggist". The same section of the statute (subd. 3, par. b), makes it unlawful for any person to dispense "drugs" at retail unless as allowed by law — an exception generally in favor of licensed pharmacists.

The statutory...

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