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MTR. OF PROSPECT DAIRY v. POWERS

16 Misc.2d 977 (1959)

In the Matter of Prospect Dairy, Inc., Petitioner, v. John J. Powers, as Commissioner of Health of Albany County, et al., Respondents.

Supreme Court, Albany County.

April 6, 1959.

Attorney(s) appearing for the Case

Bliss & Bouck (F. Walter Bliss of counsel), for petitioner.

John H. Pennock, County Attorney, for John J. Powers, as Commissioner of Health of Albany County, respondent.

Henry E. Gillette and Robert G. Blabey for Daniel J. Carey, as Commissioner of Agriculture and Markets of the State of New York, respondent.

DONALD S. TAYLOR, J.

Pursuant to the provisions of article 78 of the Civil Practice Act petitioner seeks an order directing the respondent health officer of the County of Albany to comply with the provisions of section 258-j of the Agriculture and Markets Law and to annul his determination which refused to amend an existing health permit to include an additional source of milk supply. Relief is also sought against...

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