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EASTERN MILK v. STATE OF NY

88 A.D.2d 149 (1982)

In the Matter of Eastern Milk Producers Cooperative Association, Inc., Petitioner, v. State of New York Department of Agriculture and Markets et al., Respondents

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

July 22, 1982

Attorney(s) appearing for the Case

Williams, Micale & Wells (Frederick J. Micale of counsel), for petitioner.

Thomas G. Conway (Michael McCormick of counsel), for respondents.

MAHONEY, P. J., MAIN, CASEY and MIKOLL, JJ., concur.

YESAWICH, JR., J.

Petitioner is a co-operative corporation which markets milk produced by its member dairy farmers. Among petitioner's customers was R & R Schofield (Schofield), a licensed milk dealer. On September 19, 1979, Schofield failed to pay for milk it had received during August, 1979, a departure from its normal practice of paying on the 19th day of the month following the month in which milk was...

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