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MATTER OF FALCONE v. NEW YORK STATE EDUC. DEP'T

50 N.Y.2d 854 (1980)

In the Matter of Augustus Falcone, Respondent, v. New York State Education Department et al., Appellants.

Court of Appeals of the State of New York.

Decided June 3, 1980.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (John J. O'Grady, Shirley Adelson Siegel and William L. Wood, Jr., of counsel), for appellants.

Thomas Laverne and Mark C. Kriss for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The judgment of the Appellate Division should be reversed, with costs, and the determination of the Board of Regents and the order of the Commissioner of Education reinstated.

Petitioner, a licensed optometrist, allowed an ophthalmic dispenser to fit contact lenses under his supervision in violation of section 7121 of the Education Law. As a result, petitioner...

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