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DAIRYLEA COOP v. DYSON

55 A.D.2d 413 (1977)

In the Matter of Dairylea Cooperative, Inc., Petitioner, v. James S. Dyson, as Commissioner of The Department 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.

January 20, 1977

Attorney(s) appearing for the Case

Bond, Schoeneck & King (John M. Freyer and Edward D. Cavanagh of counsel), for petitioner.

Thomas G. Conway (Dennis P. Buckley of counsel), for respondent.

KOREMAN, P. J., SWEENEY, MAIN and HERLIHY, JJ., concur.

LARKIN, J.

Dairylea Cooperative, Inc. (Dairylea), seeks a judgment of this court reversing the determination of the Commissioner of Agriculture and Markets that Dairylea violated article 21 of the Agriculture and Markets Law. The commissioner issued a cease and desist order against Dairylea and Acme Markets, Inc., and demanded $100,000 from Dairylea "pursuant to Agriculture and Markets Law §§ 39 and...

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