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MTR. OF PUKIN v. HEALTH DEPT.

224 A.D.2d 107 (1996)

649 N.Y.S.2d 91

In the Matter of Lev Pukin et al., Appellants, v. New York State Department of Health et al., Respondents

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

October 31, 1996

Attorney(s) appearing for the Case

Polatsek & Sclafani, New York City (Brian J. Isaac [Pollack, Pollack, Isaac & De Cicco], and Leonard A. Sclafani of counsel), for appellants.

Dennis C. Vacco, Attorney-General, Albany (Lew A. Millenbach and Nancy A. Spiegel of counsel), for respondents.

MIKOLL, J. P., CREW III, YESAWICH JR. and CARPINELLO, JJ., concur.

PETERS, J.

The sole issue raised on this appeal is whether respondent Department of Health (hereinafter DOH) had a rational basis for promulgating 10 NYCRR 405.4 (f) (1) (ii) (a) which prohibits graduates of foreign medical schools from performing their residencies at New York hospitals if the clinical component of their medical education included more than 12 weeks of clinical clerkships in a country...

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