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MARICULTURE, LTD. v. BIGGANE

48 A.D.2d 295 (1975)

Mariculture Ltd., Respondent, v. James L. Biggane, as Commissioner of the Department of Environmental Conservation of The State of New York, et al., Appellants

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

June 12, 1975

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Joseph J. Zedrosser, Samuel A. Hirshowitz and Philip Weinberg of counsel), for appellants.

Bond, Schoeneck & King (Michael P. Shanley of counsel), for respondent.

Patterson, Belknap & Webb (D. Robert Owen and Robert D. Sack of counsel), for N.Y. Zoological Society, amicus curiae.

HERLIHY, P. J., MAIN and LARKIN, JJ., concur with GREENBLOTT, J.; REYNOLDS, J., dissents and votes to affirm in an opinion.

GREENBLOTT, J.

Plaintiff raises marine turtles of the family Cheloniidae on its farm in the Cayman Islands, British West Indies, and offers the shells and other parts for sale in this State. Section 358-a of the Agriculture and Markets Law provides that: "1. No part of the skin or body * * * of the following species of wild animals * * * may be sold or offered for sale...

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