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MTR. OF BANK v. ALLEN

35 A.D.2d 245 (1970)

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

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

November 12, 1970.

Attorney(s) appearing for the Case

Kohn, Bookstein & Karp (Isadore Bookstein of counsel), for appellants.

Robert D. Stone (Donald O. Meserve and John P. Jehu of counsel), for New York State Education Department and others, respondents.

Carb, Luria, Glassner, Cook & Kufeld (William M. Kufeld of counsel), for Health Insurance Plan of Greater New York and another, respondents.

HERLIHY, P. J., REYNOLDS, GREENBLOTT and SWEENEY, JJ., concur.

STALEY, JR., J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered November 4, 1968 in Albany County, which dismissed petitioners' application in a proceeding under article 78 of the CPLR, to annul a determination of the New York State Board of Pharmacy, which issued a certificate of registration to operate a pharmacy to H. I. P. Drug Plan, Inc.

The H. I. P. Drug Plan, Inc...

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