WICKHAM v. TRAPANI


26 A.D.2d 216 (1966)

Don J. Wickham, as Commissioner of Agriculture and Markets of The State of New York, Respondent, v. Costanzio A. Trapani, Appellant

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

July 15, 1966.


Attorney(s) appearing for the Case

Norman Kellar, Leonard B. Boudin and Henry Winestine for appellant.

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

GIBSON, P. J., REYNOLDS and AULISI, JJ., concur with TAYLOR, J.; HERLIHY, J., dissents and votes to reverse, in an opinion.


TAYLOR, J.

Defendant appeals from a judgment of the Supreme Court at Trial Term declaring the provisions of article 25 of the Agriculture and Markets Law to be constitutional and an apple marketing order of the Commissioner of Agriculture and Markets promulgated thereunder to be legally valid in all respects. The statute, its legislative history and the facts which...

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