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MATTER OF PEOPLE v. BIOCHEMICAL PROCEDURES, INC.

31 N.Y.2d 792 (1972)

In the Matter of the People of the State of New York, by Louis J. Lefkowitz, Attorney-General of the State of New York, Appellant-Respondent v. Biochemical Procedures, Inc., Respondent-Appellant.

Court of Appeals of the State of New York.

Decided November 3, 1972.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Philip Weinberg, Samuel A. Hirshowitz, Joel H. Sachs and Cyril H. Moore, Jr. of counsel), for appellant-respondent.

Gilbert H. Weil and Michael M. Malkin for respondent-appellant.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and GIBSON. Dissent: Judges BREITEL and JASEN.

Order affirmed, without costs on the opinion at the Appellate Division.

Judges BREITEL and JASEN dissent and vote to modify and dismiss the petition in the following memorandum: The statute does not contemplate the licensing, regulation or inspection of out-of-State laboratories. The proper remedy would be legislative change with provision for such licensing and regulation and, undoubtedly, with provision for the imposition of inspection fees, to cover the extraordinary...

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