Opinion
Submitted March 1, 1949
Decided April 14, 1949
Appeal from the Supreme Court, Appellate Division, Third Department.
Joseph B. Margolin for appellant.
Nathaniel L. Goldstein, Attorney-General ( Henry S. Manley and Wendell P. Brown of counsel), for respondent.
Order affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and BROMLEY, JJ. FULD, J., dissents upon the ground that the dental mechanic Gehlberd in constructing and in fitting dentures for petitioner's patients, did not engage in the practice of dentistry since his every act vis-a-vis those patients was performed in the presence of petitioner and under his direct supervision and control.