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WALKER CREAM PRODS v. BARBER

95 Misc.2d 869 (1978)

Walker Creamery Products Co. et al., Petitioners, v. J. Roger Barber, as Commissioner of the Department of Agriculture and Markets of the State of New York, et al., Respondents.

Supreme Court, Special Term, Albany County.

January 25, 1978

Attorney(s) appearing for the Case

Carroll, Carroll & Butz and King, Murphy & Fitzsimmons (James A. Murphy of counsel), for petitioners. Thomas G. Conway and Joan A. Kehoe for J. Roger Barber, respondent. Salamone & Aloi (Robert J. Lunn of counsel), for Upstate Milk Cooperatives, Inc., respondent.

HAROLD J. HUGHES, J.

This is a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the Department of Agriculture and Markets.

On May 23, 1977 the respondent Upstate Milk Cooperatives, Inc. filed its application with the Department of Agriculture and Markets for an extension of its milk dealer's license to permit it to process milk at a plant in Jamestown, New York...

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