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MTR. OF MARKS v. REGENTS OF UNIV. OF STATE OF N. Y.

279 A.D. 476 (1952)

In the Matter of Arnold H. Marks et al., Respondents, v. Regents of the University of the State of New York et al., Appellants

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

March 12, 1952.

Attorney(s) appearing for the Case

Charles A. Brind, Jr., and Elizabeth M. Eastman for appellants.

Nicholas H. Pinto and Grover M. Moscowitz for respondents.

Harold Kohn for New York State Optometric Association, amicus curiæ.

FOSTER, P. J., HEFFERNAN, BERGAN and COON, JJ., concur.

BREWSTER, J.

From in March into September, 1950, petitioners filed applications for permission to take an examination for registration and licensure to the practice of optometry. As qualifying evidence each had presented proof of graduation from one of four optometry schools, none of which met the standards prescribed by section 7105 of the Education Law. Prior to the filing of the applications the Regents had...

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