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OPTOMETRIC ASSN. v. WHELAN

54 A.D.2d 457 (1976)

New York State Optometric Association, Inc., et al., Appellants, v. Robert Whelan, as Commissioner of Health of The State of New York, et al., Respondents

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

December 9, 1976

Attorney(s) appearing for the Case

Kimmelman, Sexter & Sobel (Arthur H. Sobel of counsel), and Geis, Forman, Schulze, Cooks & Wach for appellants.

Louis J. Lefkowitz, Attorney-General (Kenneth J. Connolly and Ruth Kessler Toch of counsel), for respondents.

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

LARKIN, J.

Plaintiffs are organizations of optometrists practicing in New York State and individual optometrists who are residents and taxpayers of the State. The New York State Optometric Association, Inc., represents exclusively those optometrists engaged in professional private practice, while the Optometric Council of New York State, Inc., is composed of both optometrists engaged in professional private practice and

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