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MTR. OF DENTAL SOC. v. CAREY

61 N.Y.2d 330 (1984)

In the Matter of the Dental Society of the State of New York, Respondent, v. Hugh Carey, as Governor of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided March 27, 1984.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (William J. Kogan and Peter H. Schiff of counsel), for appellants.

Lawrence M. Monat and John M. Power for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER concur with Judge KAYE; Judge SIMONS dissents and votes to reverse in a separate opinion.

KAYE, J.

Respondent, the Dental Society of the State of New York, an organization of all but a small percentage of the State's licensed dentists, by an article 78 proceeding on behalf of its members sought a judgment mandating appellants (the Governor, the Commissioner of the Department of Social Services, and the Commissioner of the Department of Health) to increase...

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