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STATE v. GLEN & MOHAWK MILK ASS'N, INC.

93 A.D.2d 975 (1983)

State of New York, Appellant-Respondent, v. Glen & Mohawk Milk Association, Inc., et al., Respondents, and Queensboro Farm Products, Inc., et al., Respondents-Appellants

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

April 1, 1983

Order and judgment affirmed, without costs, for reasons stated at Special Term, Reagan, J.

Memorandum:

We add only that the language of subdivision 3 of section 340 of the General Business Law does not permit the interpretation advanced by the dissent. That subdivision unambiguously states that "the provisions of this article [the Donnelly Act] shall not apply to cooperative associations * * * of * * * dairymen" (emphasis supplied). The Court of Appeals...

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