Wasmuth v. Allen

• Decision Date: 01 June 1964
• Citation: 21 A.D.2d 857,252 N.Y.S.2d 58
• Parties: Henry WASMUTH et al., Appellants, v. James E. ALLEN, Jr., as Commissioner of Education of the State of New York, and The Regents of the University of the State of New York, Respondents.
• Court: New York Supreme Court — Appellate Division

Page 58

252 N.Y.S.2d 58

21 A.D.2d 857

Henry WASMUTH et al., Appellants, v. James E. ALLEN, Jr., as Commissioner of Education of the State of New York, and The Regents of the University of the State of New York, Respondents.

Supreme Court of New York, Appellate Division, Second Department.

June 1, 1964.

Baker, Nelson, Williams & Mitchell, New York City, for appellant; C. Dickerman Williams, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., New York City, for respondent; Paxton Blair, Albany, of counsel.

In a class action by four chiropractors, suing on behalf of themselves and all other chiropractors in the State of New York similarly situated, to declare unconstitutional certain portions of article 132 of the Education Law (§ 6550 et seq.), added by chapters 780 and 781 of the Laws of 1963, requiring chiropractors to take examinations in certain specified subjects in order to qualify for a license to practice their profession, the plaintiffs appeal from an order of the Supreme Court, Westchester County, dated April 3, 1964, which: (1) granted the defendants' motion, made pursuant to statute (CPLR Rule 3211, subd. [a], subpar. ), to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action; (2) declared article 132 of the Education Law to be valid and constitutional in all respects; and (3) denied plaintiffs' motion for a preliminary injunction to stay the taking of said examinations. Order affirmed without costs. No opinion. 43 Misc.2d 14, 250 N.Y.S.2d 11. The stay heretofore granted by this court is vacated.

BELDOCK, P. J., and BRENNAN, HILL, RABIN and HOPKINS, JJ., concur.