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  5. 58 N.Y.2d 1097 (1983)
 

MATTER OF E. MILK PRODUCERS COOP. ASS'N, INC. v. STATE OF NEW YORK DEP'T OF AGRIC. & MKTS.

58 N.Y.2d 1097 (1983)

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

Court of Appeals of the State of New York.

Decided March 31, 1983.

Attorney(s) appearing for the Case

Thomas G. Conway and Michael McCormick for appellants.

Frederick J. Micale for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur in memorandum.

MEMORANDUM.

The appeal taken as of right should be dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. But, on the court's own motion, leave to appeal should be granted (CPLR 5602, subd [a], par 2). The order of the Appellate Division then should be reversed, with costs, and the...

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