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  5. 13 N.Y.2d 1127 (1964)
 

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

13 N.Y.2d 1127 (1964)

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

Court of Appeals of the State of New York.

Decided January 16, 1964.

Attorney(s) appearing for the Case

Harry Rosenberg for appellant.

George W. Gloning, Jr., and Robert G. Blabey for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI. Taking no part: Judge BERGAN.

Order affirmed, without costs, solely on the ground stated by the Appellate Division; that is, that on this record petitioner is not aggrieved. Like the Appellate Division, we find it impossible on this record to reach the merits of the issue sought to be presented by petitioner, viz., as to the power of the Commissioner to limit the number of routes to be operated by...

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