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MATTER OF PAFUNDI v. ALLEN

14 N.Y.2d 831 (1964)

In the Matter of Dominic M. Pafundi, Jr., Appellant, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, Respondent. In the Matter of Fred L. Yerdon, Appellant, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided June 4, 1964.

Attorney(s) appearing for the Case

James E. Brearton and James T. Ronan for Dominic M. Pafundi, appellant.

John T. DeGraff and Margrethe R. Powers for Fred L. Yerdon, appellant.

Charles A. Brind, John P. Jehu, Elizabeth M. Eastman and George B. Farrington for respondent.

Frank J. Lasch for Medical Society of the State of New York, amicus curiae.

Albert A. Manning for New York State Ophthalmological Society, Inc., amicus curiae.

L. Murray Doody, Jr., for Society of Dispensing Opticians, Inc., of New York, amicus curiae.

M. Cook Barwick, Alexander E. Wilson, III, and L. Murray Doody for Guild of Prescription Opticians of America, Inc., amicus curiae.

Harold Kohn for New York State Optometric Association, Inc., amicus curiae.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and SCILEPPI. Judge VAN VOORHIS dissents in the following opinion. Taking no part: Judge BERGAN.

In each case: Order affirmed, without costs.

VAN VOORHIS, J. (dissenting).

The record indicates, it seems to me, that optometrists are not better qualified than ophthalmic dispensers to fit corneal contact lenses. This statute seems to create an arbitrary distinction between them, and, in doing so, to run afoul of the protection of the Fourteenth Amendment of the United States Constitution against denial...

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