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MATTER OF TENNY v. SAINSBURY

7 A.D.2d 514 (1959)

In the Matter of Edwin A. Tenny, Doing Business under the Name of "Falls Dairy", Appellant, v. Isabel S. Sainsbury, as Health Officer of The City of Canandaigua, Respondent

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

April 8, 1959.

Attorney(s) appearing for the Case

Kernan & Kernan (Willis D. Morgan and Leighton R. Burns of counsel), for appellant.

Samuel R. Levy for respondent.

All concur. Present — McCURN, P. J., WILLIAMS, BASTOW, GOLDMAN and HALPERN, JJ.

HALPERN, J.

The petitioner, a licensed milk dealer, operates a milk plant in Honeoye Falls, Monroe County, New York, and distributes milk in various towns in Monroe County and in the Towns of Victor and West Bloomfield in Ontario County. By a general regulation adopted by the Commissioner of Agriculture and Markets of New York State, on January 7, 1957, every county in the State was designated as "a natural marketing...

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