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MATTER OF SHEEHAN v. AMBACH

136 A.D.2d 25 (1988)

In the Matter of Karen W. Sheehan, Individually and as President of The New York Chapter of the American Physical Therapy Association, Inc., et al., Respondents, v. Gordon M. Ambach, as Commissioner of The New York State Department of Education, et al., Appellants

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

March 10, 1988

Attorney(s) appearing for the Case

James H. Whitney (Donald O. Meserve of counsel), for appellants.

Ingerman, Smith, Greenberg, Gross, Richmond, Heidelberger & Reich (John J. Gross of counsel), for respondents.

Helm, Shapiro, Anito & Aldrich, P. C. (Wayne Schneider of counsel), for New York State Occupational Therapy Association, Inc., amicus curiae.

KANE, J. P., YESAWICH, JR., and HARVEY, JJ., concur.

LEVINE, J.

This proceeding was brought to challenge certain guidelines circulated by respondents concerning permissible modalities of evaluation and program activities by occupational therapists. Petitioners are licensed physical therapists and/or represent an association of professional physical therapists. The Education Law defines physical therapy as the "evaluation, treatment

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