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practice. Although the corporations were each authorized to
issue 200 shares of stock, each corporation issued only 1 share.
The UMRS share is held by Michael F. Noe, M.D., UMRS's president.
The UDRS share is held by Sanford I. Nusbaum, D.D.S., UDRS's
president. Each shareholder is a faculty member of the
University and an employee of one of the affiliated teaching
hospitals. Each serves without compensation from petitioners.
In July of 1991, the Consortium, affiliated teaching
hospitals, UMRS, and UDRS entered into the "Graduate Medical and
Dental Education Consolidation Contract" (the Consolidation
Contract). The Recitals section of the Consolidation Contract
provides as follows:
I. * * * [The Consortium] is the institution of
record for governing graduate medical and dental
education programs in Western New York to comply with
the requirements of the Accreditation Council on
Graduate Medical Education, and * * * [the Consortium]
provides overall management and program control for
that graduate medical and dental education. * * *
[UMRS] AND * * * [UDRS] * * * are professional service
corporations controlled by * * * [the Consortium].
II. To promote the pooling of resources dedicated
to graduate medical and dental education, to improve
hospital and ambulatory care and related health care
for patients in the Western New York area and to
coordinate more closely the academic medical and dental
programs in the Teaching Hospitals, the Teaching
Hospitals and * * * [the Consortium] desire to provide
for the direct employment by * * * [UMRS] of the
medical residents and fellows and the direct employment
by * * * [UDRS] of the dental residents and fellows who
are enrolled in * * * [the University] training
programs conducted at the Teaching Hospitals, with
coordination of the medical and dental education
aspects of this employment by the Administrative
Committee of * * * [the Consortium]. * * * [UMRS] and
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