AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of ANTHONY M. PUGLIESE, Appellant, v. MARGARET A. HAMBURG, as Commissioner of Health of the City of New York, Respondent.

Whether the "videofluoroscope" or "visualizer" that petitioner seeks to use in his practice is a fluoroscope prohibited to chiropractors by the plain language of Education Law § 6551 (2) (a) is a technical question that should be left to the expertise of the agency responsible for administering the statute, provided its decision is not irrational or unreasonable ( see, Matter of New York State Assn. of Life Underwriters v New York State Banking Dept., 83 N.Y.2d 353, 360), clearly not the case here. As the IAS Court aptly advised petitioner, arguments based upon potential benefits resulting from allowing chiropractors to use videofluoroscopy should be addressed to the Legislature, not the courts ( see, Matter of RIHGA Intl. U.S.A. v New York State Liq. Auth., 84 N.Y.2d 876, 879).

Concur — Ellerin, J.P., Rubin, Nardelli, Tom and Mazzarelli, JJ.

Use AI to get other relevant cases.

Comments

MATTER OF PUGLIESE v. HAMBURG
(Jan 9, 1996)