OPTOMETRIC ASSN. v. WHELAN


85 Misc.2d 887 (1976)

New York State Optometric Association, Inc., et al., Plaintiffs, v. Robert Whelan, as Commissioner of Health for the State of New York, et al., Defendants.

Supreme Court, Special Term, Albany County.

February 26, 1976


Attorney(s) appearing for the Case

Kimmelman, Sexter & Sobel and Geis, Forman, Schulze, Cooks & Wach for plaintiffs. Louis J. Lefkowitz, Attorney-General (Kenneth J. Connolly of counsel), for defendants.


JOHN T. CASEY, J.

The plaintiffs within the context of an action for a declaratory judgment have moved for a temporary injunction enjoining two of the defendants, the Commissioner of Health of the State of New York and the Acting Commissioner of the Department of Social Services of the State of New York from disbursing to corporate and commercial retail sellers of eyeglasses Medicaid payments for optometric examinations performed by salaried optometrists...

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