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MATTER OF DAIRYMEN'S LEAGUE CO-OP. ASSN. v. DU MOND

282 A.D. 69 (1953)

In the Matter of Dairymen's League Co-Operative Association, Inc., Appellant, v. C. Chester Du Mond, as Commissioner of Agriculture and Markets of The State of New York, et al., Respondents

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

May 13, 1953.

Attorney(s) appearing for the Case

Maurice A. Gellis, William H. Michaels, Jr. and William J. Moore for appellant.

Robert G. Blabey and Donald L. Brush for C. Chester Du Mond, as Commissioner of Agriculture and Markets of the State of New York, respondent.

Joe Schapiro for Queensboro Farm Products, Inc., respondent.

FOSTER, P. J., BREWSTER, BERGAN and IMRIE, JJ., concur.

HALPERN, J.

This is an appeal from an order dismissing a proceeding under article 78 of the Civil Practice Act brought to review a determination of the Commissioner of Agriculture and Markets, granting an extension of the milk dealer's license held by the respondent Queensboro Farm Products, Inc., so as to authorize it to construct and operate a milk receiving plant at Earlville, New York.

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