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MTR. OF N. Y. S. OSTEO. SOC. v. ALLEN

31 A.D.2d 111 (1968)

In the Matter of New York State Osteopathic Society, Inc., Respondent, v. James E. Allen, Jr., as Commissioner of Education of The State of New York, et al., Appellants; Stanley Josephs et al., Intervenors-Appellants

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

December 13, 1968.

Attorney(s) appearing for the Case

Robert D. Stone (Elizabeth M. Eastman and John P. Jehu of counsel), for appellants.

Bernard Bienstock (John R. Davison of counsel), for intervenors-appellants.

Wolf, Haldenstein, Adler, Freeman & Herz (David A. Ruttenberg of counsel), for respondent.

GIBSON, P. J., REYNOLDS and STALEY, JR., JJ., concur with GABRIELLI, J.; HERLIHY, J., dissents, and votes to reverse and dismiss the petition, in an opinion.

GABRIELLI, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered November 30, 1967 in Albany County, which granted petitioner's application in a proceeding under article 78 of the CPLR, directing the respondents Commissioner of Education and Board of Regents (1) to cancel, revoke and rescind "M.D." inscriptions on the licenses of certain

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