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N.J. STATE BD. OF OPTOMETRISTS v. REISS

83 N.J. Super. 47 (1964)

198 A.2d 816

NEW JERSEY STATE BOARD OF OPTOMETRISTS, PLAINTIFF-RESPONDENT, v. JOHN REISS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 20, 1964.

Attorney(s) appearing for the Case

Mr. Robert P. McDonough argued the cause for appellant (Messrs. Lindabury, McCormick & Estabrook, attorneys).

Mr. Joseph A. Hoffman, Deputy Attorney General, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Mr. William K. Miller argued the cause on behalf of the New Jersey Optometric Association, as amicus curiae.

Before Judges GAULKIN, FOLEY and LEWIS.

The opinion of the court was delivered by LEWIS, J.A.D.

Defendant John Reiss, a licensed optician of this State, appeals from a conviction in the Morris County District Court for practicing optometry without a license. He contends that the acts he performed, involving the alleged fitting of contact lenses for a customer, did not constitute the practice of optometry as defined by law.

The facts are uncomplicated and, in the main, undisputed. The legal issues...

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