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MTR. OF GATES v. WALKLEY

41 A.D.2d 319 (1973)

In the Matter of Daniel F. Gates, Doing Business as Gates Homestead Farms, et al., Petitioners, v. Frank Walkley, as Commissioner of Agriculture and Markets of The State of New York, Respondent

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

April 19, 1973.

Attorney(s) appearing for the Case

Carroll & Carroll (John B. Carroll of counsel), for petitioners.

Thomas G. Conway for respondent.

STALEY, JR., J. P., SWEENEY, KANE and MAIN, JJ., concur.

COOKE, J.

This is a proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court at Special Term, entered in Albany County) to review the constitutionality of article 21-A of the Agriculture and Markets Law and the legality of a determination of the Commissioner of Agriculture and Markets in making a dairy promotion...

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