Legal Opinion

Matter of Bandel v. . Dept. of Health

New York Court of Appeals

Decided October 13, 1908PublishedCited by 11 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 12, 1908, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to register the name and address of the petitioner in the list of physicians of the city of Hew York in accordance witli section 160 of the Sanitary Code of such city. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 12, 1908, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to register the name and address of the petitioner in the list of physicians of the city of Hew York in accordance witli section 160 of the Sanitary Code of such city. The facts, so far as material, are stated in the opinion. The petitioner was not a physician and, therefore, was not entitled to be registered in the bureau of records of the board of…

1Opinion of the Court

The controlling question presented by this appeal is whether a person duly licensed by the state to practice osteopathy, is a physician within the meaning of the act of 1907 regulating the practice of medicine and the Sanitary Code of the city of New York. The question arose on an application made by the respondent, a duly licensed practitioner of osteopathy whose license had been duly registered by the county clerk of Kings county, to compel the department of health of the city of New York to register him as a physician pursuant to the provisions of the Sanitary Code of that city. The…

2Cited by11 opinions

  1. Commonwealth v. CohenSuperior Court of Pennsylvania · 1940
  2. Witty v. StateIndiana Supreme Court · 1910
  3. Bruer v. WoodworthDistrict Court, E.D. Michigan · 1927
  4. Waldo v. PoeDistrict Court, W.D. Washington · 1926
  5. Kurk v. Medical Society of County of Queens, Inc.New York Supreme Court · 1965

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