ASSN. OF MILK DEALERS v. CITY OF N. Y.


11 A.D.2d 321 (1960)

Association of Milk Dealers of Metropolitan New York, Inc., et al., Appellants, v. City of New York, Respondent

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

September 15, 1960.


Attorney(s) appearing for the Case

Harry Polikoff (Glenn S. Dennis, John E. Noakes and Cecil I. Crouse with him on the brief), for appellants.

Fabian G. Palomino of counsel (Seymour B. Quel and Fred Iscol with him on the brief; Charles H. Tenney, Corporation Counsel, attorney), for respondent.

BOTEIN, P. J., BREITEL, RABIN, VALENTE and McNALLY, JJ., concur.


Per Curiam.

On April 30, 1960, chapter 1073 of the Laws of 1960 became effective, amending subdivision 3 of section 1400 of the Public Health Law so as to add the following provision: "Neither the commissioner nor any board of health of any local health district, or any other body exercising the powers and duties of a board of health therein, shall adopt or enforce any rule, regulation, direction, order or ordinance...

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