MATTER OF DAIRYLEA COOP., INC. v. WALKLEY


48 A.D.2d 951 (1975)

In the Matter of Dairylea Cooperative, Inc., Appellant, v. Frank Walkley, as Commissioner of The Department of Agriculture and Markets of the State of New York, et al., Respondents

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

June 5, 1975


Judgment, Supreme Court, Albany County, entered on September 6, 1974, affirmed, without costs, on the opinion of Larkin, J., at Special Term (79 Misc.2d 707).

Sweeney, J. (dissenting).

While we readily accept much that is expressed in Special Term's opinion, we are unable to agree with its conclusion that petitioner has failed to satisfy the second prong of the standing test as enunciated in Data Processing...

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