1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 31 A.D.2d
  5. 31 A.D.2d 352 (1969)
 

MTR. OF POSNER v. ROCKEFELLER

31 A.D.2d 352 (1969)

In the Matter of James M. Posner et al., Appellants, v. Nelson A. Rockefeller, as Governor of The State of New York, et al., Respondents

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

March 10, 1969.

Attorney(s) appearing for the Case

Kimmelman, Perkiss & Sexter (Botein, Hays, Sklar & Herzberg and Harry I. Rand of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (Alan W. Rubenstein and Ruth Kessler Toch of counsel), for respondents.

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

GIBSON, P. J., HERLIHY, STALEY, JR., and GREENBLOTT, JJ., concur.

REYNOLDS, J.

This is an appeal from a judgment of the Supreme Court, Albany County, in a proceeding brought pursuant to article 78 of the CPLR, dismissing appellants' petition seeking to compel the respondents to promulgate an optometric fee schedule retroactively to July 1, 1966 on the ground that it failed to state a cause of action (CPLR 7804, subd. [f]).

Following the enactment of Federal and State...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases