24 A.D.2d 897 | N.Y. App. Div. | 1965
In a proceeding under article 78 of the OP'LR to review the denial by the Medical Society of the County of Queens, Inc., of an application by petitioner for admission to membership on the ground that he did not qualify in that he had not completed a four-year course in a college of medicine, the Society appeals from a judgment of the Supreme Court, Queens County, entered July 6, 1965, which (a) granted the application and (b) directed it forthwith to admit petitioner to membership. Judgment reversed on the law with costs, and application denied. No questions of fact were considered. It is expressly provided by statute (Membership Corporations Law, § 173) that, insofar as pertinent, appellant may make such rules and regulations as it deems fit, provided they are not inconsistent with the laws of the State. The prerequisite to membership of four academic years of study in a college of medicine is not only consistent but is in accordance with the laws of the State. Throughout article 131 of the Education Law the distinction between osteopaths and medical doctors is recognized and implemented. Osteopathy is “A system of therapy in which diseases are treated by manipulating the bones and by other manual manipulations intended to restore the deranged mechanism of the body. The official definition of osteopathy