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WICKHAM v. LEVINE

24 A.D.2d 1035 (1965)

Don J. Wickham, as Commissioner of Agriculture and Markets of The State of New York, Respondent, v. Jerry Levine, Appellant

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

December 8, 1965

Per Curiam.

The factual and legal issues are well outlined in the opinion at Special Term. (47 Misc.2d 1.) The food products now in question, following the Commissioner's failure to appeal from the portions of the determination adverse to him, are chicken and pork. It was stipulated that pieces of chicken with a prepared batter added are cooked in defendant's shops, upon order, and that

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