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MATTER OF BABYLON MILK & CREAM CO., INC. v. WICKHAM

18 A.D.2d 1040 (1963)

In the Matter of Babylon Milk & Cream Co., Inc., Respondent, v. Don J. Wickham, as Commissioner of Agriculture and Markets of The State of New York, Appellant

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

March 13, 1963

Special Term held that the Commissioner's power to impose limitations is restricted by the literal language of section 258 of the Agriculture and Markets Law authorizing the Commissioner to issue licenses "limited to a particular city or village or to a particular market or markets" and that he is without authority to limit a license to a particular route or routes within a marketing area. The Commissioner contends for a liberal construction of his grant of power under the...

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