Legal Opinion
Posner v. Rockefeller
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 1969PublishedCited by 4 opinions
1Opinion of the CourtReynolds, J.
This is an appeal from a judgment of the Supreme Court, Albany County, in a proceeding brought pursuant to article 78 of the CPLR, dismissing appellants’ petition seeking to compel the respondents to promulgate an optometric fee schedule retroactively to July 1, 1966 on the ground that it failed to state a cause of action (CPLR 7804, subd. [f]).
Following the enactment of Federal and State legislation establishing the “Medicaid” program the Governor on July" 14, 1966 upon the recommendation of an interdepartment task force appointed by the Governor and consisting of members of the Department…
2Cases cited8 opinions
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
- Levy v. Louisiana Ex Rel. Charity HospitalSupreme Court of the United States · 1968
- Morey v. DoudSupreme Court of the United States · 1957
- Carmen Marquez v. Margarita AvilesCourt of Appeals for the First Circuit · 1958
- Matter of Dickson v. FlynnNew York Court of Appeals · 1937
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3Cited by4 opinions
- Weber v. KowalskiNew York Supreme Court · 1975
- Agro v. Joint Plumbing Industry BoardDistrict Court, S.D. New York · 1979
- Frolov v. DeloNew York Supreme Court · 1976
- McGarvey v. ReganNew York Supreme Court · 1989