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  5. 27 A.D.2d 321 (1967)
 

MTR. OF MARGROVE, INC. v. OFF. GEN. SERVS.

27 A.D.2d 321 (1967)

In the Matter of Margrove, Inc., Respondent, v. Office of General Services of the State of New York et al., Appellants

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

April 5, 1967.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Henderson G. Riggs and Ruth Kessler Toch of counsel), for Office of General Services and another, appellants.

Bouck & Holloway (Warner M. Bouck and Roger M. Fritts of counsel), for Sealtest Foods Division, National Dairy Products Corporation, appellant.

Wiser, Shaw, Freeman, Van Graafeiland, Harter & Secrest (Bruce E. Hansen of counsel), for respondent.

HERLIHY and GABRIELLI, JJ., concur with GIBSON, P. J.; AULISI, J., dissents and votes to reverse and dismiss in opinion in which STALEY, JR., J., concurs.

GIBSON, P. J.

Appeals are taken by the Office of General Services of the State of New York (OGS), the Comptroller of the State of New York (Comptroller) and Sealtest Foods Division of National Dairy Products Corporation (Sealtest) from an order and judgment of the Supreme Court at Special Term in Albany County, which, in a proceeding under article 78 of the CPLR, (1) annulled determinations of appellants OGS...

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