NEW YORK STATE OSTEOPATHIC SOC. v. ALLEN


26 N.Y.2d 20 (1970)

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.

Court of Appeals of the State of New York.

Decided January 14, 1970.


Attorney(s) appearing for the Case

John P. Jehu, Robert D. Stone and Elizabeth M. Eastman for appellants.

John R. Davison and Bernard Bienstock for intervenors-appellants.

David A. Ruttenberg and John L. Freeman for respondent.

Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur; Judge GIBSON taking no part.


Chief Judge FULD.

A number of New York physicians, who had originally received their medical education in osteopathic colleges, were subsequently awarded M.D. degrees by an institution in California. The State Department of Education has issued to these doctors licenses to practice medicine and surgery bearing the inscription "D.O., M.D.", and the sole question presented on this appeal is whether the Department...

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