PEOPLE v. TROIANO FUEL OIL CO.


65 Misc.2d 135 (1970)

The People of the State of New York, Respondent, v. Troiano Fuel Oil Co., Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

September 9, 1970


Attorney(s) appearing for the Case

Bennett E. Aron for appellant. William Cahn, District Attorney (Raymond G. Lavallee of counsel), for respondent.

Concur — HOGAN, J. P., GLICKMAN and PITTONI, JJ.


Per Curiam.

Appellant's contention that the county may not adopt ordinances regulating measuring devices on fuel delivery trucks because of article 16 of the Agriculture and Markets Law is untenable. The ordinance is neither inconsistent with nor contrary to the State statute. It prohibits the use of a meter having a device by which any measured liquid can be diverted from the measuring chamber of the meter. Thus it supplements the State statute which is silent...

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