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MATTER OF BEERS v. WICKHAM

25 A.D.2d 165 (1966)

In the Matter of Shirley Beers, as President of Erie County Consumers Association, et al., Petitioners, v. Don J. Wickham, as Commissioner of Agriculture and Markets of The State of New York, Respondent, and Niagara Frontier Cooperative Milk Producers Bargaining Agency, Inc., et al., Intervenors-Respondents

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

March 28, 1966.

Attorney(s) appearing for the Case

John B. Carroll for petitioners.

Thomas G. Conway and Robert G. Blabey for Commissioner, respondent.

Orr, Brydges, Orr & Dowd (John G. Dowd of counsel), for Niagara Frontier Cooperative Milk Producers Bargaining Agency, Inc., and others, intervenors-respondents.

Williams, Stevens & McCarville for Niagara Frontier Milk Distributors Bargaining Agency, Inc., intervenor-respondent.

Louis J. Lefkowitz, Attorney-General (Walter J. Hogan and Ruth Kessler Toch of counsel), in his statutory capacity under section 71 of the Executive Law.

GIBSON, P. J., TAYLOR and AULISI, JJ., concur.

REYNOLDS, J.

This is a proceeding brought pursuant to article 78 of the CPLR seeking the review of a decision and order of the Commissioner of Agriculture adding certain towns to the Niagara Frontier Milk Marketing Area (1 NYCRR 21.3).

While sections 258-k and 258-m of the Agriculture and Markets Law do not so state specifically, it is inferable that the Commissioner has the power to draw and change the...

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