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UROWSKY v. BD. OF REGENTS

38 N.Y.2d 364 (1975)

Eric G. Urowsky, Appellant, v. Board of Regents of the University of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 22, 1975.

Attorney(s) appearing for the Case

Robert A. Kennedy and Robert J. Aurigema for appellant.

Donald O. Meserve and Robert D. Stone for respondent.

Chief Judge BREITEL and Judges JASEN, JONES and WACHTLER concur with Judge GABRIELLI; Judge FUCHSBERG dissents and votes to reverse in a separate opinion; Judge COOKE taking no part.

GABRIELLI, J.

Petitioner has challenged on both First and Fourteenth Amendment grounds the validity of a regulation promulgated by the Commissioner of Education, pursuant to statutory authority, prohibiting the advertising of discount prescription prices. Both Special Term and the Appellate Division have upheld the constitutionality of the regulation which petitioner now seeks to have invalidated by this court...

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