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WICKHAM v. TRAPANI

41 Misc.2d 749 (1964)

Don J. Wickham, as Commissioner of Agriculture and Markets of the State of New York, Plaintiff, v. Costanzio A. Trapani, Defendant.

Supreme Court, Trial Term, Albany County.

January 21, 1964

Attorney(s) appearing for the Case

Robert G. Blabey, Counsel to the Department of Agriculture and Markets of the State of New York (Thomas G. Conway and George M. Gloning, Jr., of counsel), for plaintiff. John L. Larkin and John E. Egan for New York-New England Apple Growers Institute, amicus curiæ, in support of plaintiff's position. Middleton, Gianniny & Remington (Thomas R. Remington of counsel), for Western New York Apple Growers Association, Inc., amicus curiæ, in support of plaintiff's position. Norman Kellar, Leonard B. Boudin and Henry Winestine for defendant.

ISADORE BOOKSTEIN, J.

This action by plaintiff is for a declaratory judgment, declaring constitutional article 25 of the Agriculture and Markets Law, and other incidental relief.

In the amended answer, defendant seeks a declaration that said article 25 is unconstitutional. However, in his opening statement, counsel for defendant stated that this was a mistake and that he seeks only a declaration that...

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