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MATTER OF ABRAMS v. MARTUSCELLO

8 Misc.2d 282 (1957)

In the Matter of Morris Abrams, Doing Business under the Name of Glen and Mohawk Milk Association, Petitioner, v. Frank J. Martuscello, as Mayor of the City of Amsterdam, et al., Respondents. (And Four Other Proceedings.)

Supreme Court, Special Term, Montgomery County.

November 12, 1957.

Attorney(s) appearing for the Case

Anthony C. Stokna for petitioner.

Charles E. Hardies, Jr., Corporation Counsel of the City of Amsterdam, for Frank Martuscello and another, respondents.

Clinton S. Cole for Waldemar Raymond and another, respondents.

George W. Gloning, Jr., Corporation Counsel of the City of Gloversville, for Roger W. Haviland, as Mayor, and another, respondents.

Harry F. Dunkel for Richard H. Maxson and another, respondent.

Sydney G. Rosenthal for Charles Putman and another, respondents.

Philip Goodheim for Montgomery County Milk Dealers Association, amicus curiæ.

FELIX J. AULISI, J.

In these proceedings pursuant to article 78 of the Civil Practice Act, the petitioner seeks to review the refusal by each of the Health Officers of the Cities of Amsterdam and Gloversville and the Towns of Amsterdam, Caroga and Johnstown, to issue a health permit to petitioner and for an order directing the issuance of such permit by the respondents.

The petitioner is a milk dealer...

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