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MATTER OF GATES v. DYSON

55 A.D.2d 705 (1976)

In the Matter of Daniel F. Gates, Doing Business as Gates Homestead Farms, et al., Appellants-Respondents, v. John S. Dyson, as Commissioner of Agriculture and Markets of The State of New York, Respondent-Appellant

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

December 2, 1976

We are concerned with the extension of a dairy promotion order purportedly made in accordance with procedures set forth in article 21-A of the Agriculture and Markets Law. Known as the Dairy Promotion Act, its provisions were described and found to be constitutional by this court in an earlier proceeding (Matter of Gates v Walkley, 41 A.D.2d 319). On this appeal petitioners contend that the statute mandates a public hearing and factual...

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