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MATTER OF AVON DAIRIES v. DU MOND

280 A.D. 116 (1952)

In the Matter of Avon Dairies, Inc., Respondent, v. C. Chester Du Mond, as Commissioner of Agriculture and Markets of The State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 19, 1952.

Attorney(s) appearing for the Case

Donald L. Brush, Counsel to Department of Agriculture and Markets of the State of New York (William F. Sheehan and Robert G. Blabey of counsel), for appellant.

Joseph W. Martin, for respondent.

Present — TAYLOR, P. J. McCURN, VAUGHAN, KIMBALL and WHEELER, JJ.

WHEELER, J.

Respondent-appellant DuMond, as Commissioner of Agriculture and Markets in the State of New York, appeals from an order of the Monroe County Special Term denying his objections to the jurisdiction of that court to hear the petition of the petitioner-respondent to review, under article 78 of the Civil Practice Act, a determination of the commissioner. The merits of the proceeding are not in issue, as...

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