Legal Opinion

Sterling Optical Co. v. University of the State

New York Supreme Court

Decided January 19, 1968Published

1Opinion of the CourtR. Waldron Herzberg, J.

The plaintiff corporations (Sterling), corporate employers of duly licensed optometrists and registered ophthalmic dispensers, instituted this action on or about September 26, 1963, to have declared unconstitutional, illegal and unenforeible paragraphs i, k and l of subdivision 1 of section 70 and paragraphs c, d and e of subdivision 1 of section 76 of the Regulations of the Commissioner of Education of the State of New York. (8 NYCRR 66.1 [a] [9] [11] [12]; 67.1 [a] [3] [4] [5].) The defendants are the State administrative bodies which have either promulgated the regulations under attack or…

2Cases cited13 opinions

  1. Louis K. Liggett Co. v. BaldridgeSupreme Court of the United States · 1928
  2. Defiance Milk Products Co. v. Du MondNew York Court of Appeals · 1956
  3. Good Humor Corp. v. City of New YorkNew York Court of Appeals · 1943
  4. Packer Collegiate Institute v. University of New YorkNew York Court of Appeals · 1948
  5. Matter of ViemeisterNew York Court of Appeals · 1904

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