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HILLMAN/KOHAN EYEGLASSES, INC. v. N.J. BOARD OF OPTOMETRISTS

169 N.J. Super. 259 (1979)

404 A.2d 1172

HILLMAN/KOHAN EYEGLASSES, INC., A NEW JERSEY CORPORATION, AND ALEXIUS J. FODOR, JR., LICENSED OPHTHALMIC DISPENSER, PLAINTIFFS-APPELLANTS, v. NEW JERSEY STATE BOARD OF OPTOMETRISTS, ADAM K. LEVIN, DIRECTOR OF THE DIVISION OF CONSUMER AFFAIRS, AND JOHN J. DEGNAN, ATTORNEY GENERAL OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 19, 1979.

Attorney(s) appearing for the Case

Mr. Clive S. Cummis argued the cause for appellants (Messrs. Sills, Beck, Cummis, Radin & Tischman, attorneys; Messrs. Jerald D. Baranoff and Daniel Louis Grossman on the brief).

Ms. Pamela Mandel, Deputy Attorney General, argued the cause for respondents (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges CONFORD, PRESSLER and KING.

The opinion of the court was delivered by KING, J.A.D.

On this appeal plaintiffs Hillman/Kohan Eyeglasses, Inc. (Hillman/Kohan), a domestic corporation, and its vice-president, Alexius J. Fodor, Jr., a licensed ophthalmic dispenser of this State, attack N.J.A.C. 13:38-6.1(b), adopted by the New Jersey State Board of Optometrists (Board) on July 21, 1978. The rule states in full:

N.J.A.C. 13:38-6.1 Availability of records (a) A patient...

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