New York State Optometric Ass'n v. Whelan

The plaintiffs within the context of an action for a declaratory judgment have moved for a temporary injunction enjoining two of the defendants, the Commissioner of Health of the State of New York and the Acting Commissioner of the Department of Social Services of the State of New York from disbursing to corporate and commercial retail sellers of eyeglasses Medicaid payments for optometric examinations performed by salaried optometrists. The defendants have cross-moved for an order pursuant to CPLR 3211 (subd [a]) dismissing the complaint upon the ground that the plaintiffs lack standing to…