MATTER OF SEALTEST FOODS v. OLDHAM


19 A.D.2d 210 (1963)

In the Matter of Sealtest Foods Division of National Dairy Products Corporation, Appellant, v. J. Revitt Oldham, as Health Officer of The City of Lockport, Respondent. Castle's Citizens Dairy Company, Intervenor-Respondent

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

July 1, 1963.


Attorney(s) appearing for the Case

Stephen H. Kelly for appellant.

A. Thorne Hills for respondent.

Fogel, Andrews & Pusateri (Anthony L. Pusateri of counsel), for intervenor-respondent.

WILLIAMS, P. J., BASTOW, GOLDMAN and HENRY, JJ., concur.


HALPERN, J.

This case presents an important question as to the meaning of section 258-j of the Agriculture and Markets Law as amended by chapter 982 of the Laws of 1962, effective April 30, 1962, but the case comes to us in a rather unsatisfactory form because the proceeding had been instituted, and the events which had given rise to it had taken place, prior to the adoption of the amendment.

The petitioner...

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