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MATTER OF BANK v. ALLEN

58 Misc.2d 150 (1968)

In the Matter of Herbert D. Bank et al., Petitioners, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

October 11, 1968

Attorney(s) appearing for the Case

Kohn, Bookstein & Karp (Isadore Bookstein and Matthew L. Salonger of counsel), for petitioners. Carb, Luria, Glassner, Cook & Kufeld (William M. Kufeld of counsel), for Health Insurance Plan of Greater New York and another, respondents. Robert D. Stone, John P. Jehu and Elizabeth M. Eastman for James E. Allen, Jr., as Commissioner of Education, and others, respondents.

HAROLD E. KOREMAN, J.

Petitioners, who are owners and operators of pharmacies in the City of New York, seek an order pursuant to article 78, CPLR, annulling and canceling a retail pharmacy license issued by respondent New York State Board of Pharmacy to respondent H. I. P. Drug Plan, Inc. It is contended that the granting of such license or registration was an abuse of discretion on the part of the State Board...

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