Finlay Straus, Inc. v. University of State of New York

The regents have express power to supervise the practice of the profession of optometry. (Education Law, § 51, subd. 1.) The “ supervision ” of such a profession, related to the public health, would usually be construed to embrace reasonable control over the method of attracting patronage, including advertising. Were this in doubt, the language, of section 1433 of the Education Law makes it quite clear that the subject of advertising in the practice of this profession was to be regulated by the regents, since advertising “ in violation’of rules to be made by the department ” is prohibited.

When…