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MATTER OF BORIE v. HABES

52 Misc.2d 437 (1967)

In the Matter of Marie La Borie, Petitioner, v. Richard Habes, Respondent.

Justice of the Peace Court, Town of Webster.

January 7, 1967

Attorney(s) appearing for the Case

John C. Little, District Attorney (Henry R. Dutcher of counsel), for petitioner. Homer Marks for respondent.

C. BENN FORSYTH, J.

The respondent has demanded a jury trial in this proceeding pursuant to section 116 of the Agriculture and Markets Law. It has been held that the respondent is not entitled to a jury trial under the provisions of the Agriculture and Markets Law (Rueffer v. Department of Agriculture & Markets, 164 Misc. 803).

Proceedings under section 116 have been held to be a special civil proceeding (Matter of Foote, 129...

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