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KIRK v. NEW YORK STATE DEPT. OF EDUC.

No. 08-CV-6016 (CJS).

562 F.Supp.2d 405 (2008)

Simon E. KIRK, Plaintiff, v. NEW YORK STATE DEPARTMENT OF EDUCATION, Richard P. Mills, Commissioner of Education, New York State Board of Regents, and Robert M. Bennett, Chancellor of the New York State Board of Regents, Defendants.

United States District Court, W.D. New York.

June 23, 2008.

Attorney(s) appearing for the Case

Margaret A. Catillaz, Esq., A. Paul Britton, Esq., Harter, Secrest & Emery LLP, Rochester, NY, for Plaintiff.

Gary M. Levine, Esq., Office of the New York, State Attorney General, Rochester, NY, for Defendants.

DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

In this action, Plaintiff Simon Kirk ("Plaintiff), a veterinarian and a citizen of Canada, alleges that New York State Education Law § 6704 is unconstitutional, since it restricts the granting of professional veterinarian licenses to United States Citizens and aliens lawfully admitted for permanent residence in the United States. Now before the Court are the following motions...

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