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STRAUSS v. UNIV. OF STATE OF NEW YORK

282 A.D. 593 (1953)

Irving Strauss et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. University of the State of New York et al., Appellants

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

November 12, 1953.

Attorney(s) appearing for the Case

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

Frank E. Behrman and Jerome J. Swartz for respondents.

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

FOSTER, P. J., COON, HALPERN and IMRIE, JJ., concur.

BERGAN, J.

Among the general and broadly diversified powers for the regulation of professions and professional practices granted by law to the Regents and the State Education Department is control over optometry. The Regents may "supervise" the entrance regulations and the practice of this profession (Education Law, § 211); the department shall have power to revoke an optometry license for "unprofessional...

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