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IN RE WESTON

36 N.J. 258 (1961)

176 A.2d 479

IN THE MATTER OF THE SUSPENSION OR REVOCATION OF THE LICENSES OF ALBERT WESTON AND LIONEL WESTON, TO PRACTICE OPTOMETRY IN THE STATE OF NEW JERSEY. ALBERT WESTON AND LIONEL WESTON, APPELLANTS, AND NEW JERSEY STATE BOARD OF OPTOMETRISTS, RESPONDENT.

The Supreme Court of New Jersey.

Decided December 18, 1961.

Attorney(s) appearing for the Case

Mr. Morton Stavis argued the cause for appellants (Messrs. Gross & Stavis and Messrs. Weston & Kravitz, attorneys).

Mr. William K. Miller, Deputy Attorney General, argued the cause for respondent (Mr. David D. Furman, Attorney General of New Jersey, attorney; Mr. Miller, of counsel).

The opinion of the court was delivered by SCHETTINO, J.

The sole issue before us is the validity of Rule #8 of the New Jersey State Board of Optometrists which requires optometrists to make a minimum examination, hereinafter detailed, before prescribing eyeglasses for a patient.

Appellants had been convicted by the Board of violating Rule #8 and had taken an appeal to the Appellate Division. While the appeal was there pending, we certified it on our own motion...

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