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MATTER OF WICKHAM v. NEWKIRK

60 Misc.2d 868 (1969)

In the Matter of Don J. Wickham, as Commissioner of Agriculture and Markets of the State of New York, Petitioner, v. Marion Newkirk, as Town Clerk of the Town of Saugerties, Respondent.

Supreme Court, Special Term, Albany County.

September 29, 1969

Attorney(s) appearing for the Case

Robert G. Blabey and Dennis P. Buckley for petitioner. Louis P. Francello, Town Attorney, for respondent.

A. FRANKLIN MAHONEY, J.

This is an article 78 CPLR proceeding which seeks to compel the Town Clerk of Saugerties, New York, to issue dog licenses as required by the provisions of article 7 of the Agriculture and Markets Law.

Respondent resists on the ground that a local ordinance, adopted June 1, 1968, prohibits the issuance of dog licenses without proof by the owner that the dog has been vaccinated...

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