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In the Matter of HARVEY E. WACHSMAN, Appellant, v. MEDICAL SOCIETY OF THE STATE OF NEW YORK et al., Respondents.

Ordered that the judgment is affirmed, with one bill of costs.

Because the petitioner has failed to establish economic necessity or a virtual monopoly, the denial of his application for membership in the Nassau County Medical Society, Inc., is not subject to judicial review (see, Matter of Salter v. New York State Psychological Assn., 14 N.Y.2d 100; Matter of Kurk v Medical Socy., 24 A.D.2d 897, 898, affd 18 N.Y.2d 928; Matter of Wade v. Suffolk County Med. Socy., 88 A.D.2d 602; see also, Matter of Fritz v. Huntington Hosp., 39 N.Y.2d 339, 344; Jacobson v. New York Racing Assn., 33 N.Y.2d 144, 150). Thompson, J.P., Lawrence, Kunzeman and Sullivan, JJ., concur.

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MATTER OF WACHSMAN v. MED. SOCY., ST. OF N.Y
(Mar 23, 1987)