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QUEENS FARMS v. GERACE

60 N.Y.2d 65 (1983)

In the Matter of Queens Farms, Inc., et al., Respondents-Appellants, v. Joseph Gerace, as Commissioner of the Department of Agriculture and Markets of the State of New York, Appellant-Respondent. Herbert Marks et al., Intervenors-Appellants-Respondents.

Court of Appeals of the State of New York.

Decided September 27, 1983.

Attorney(s) appearing for the Case

Thomas G. Conway, Dennis P. Buckley and Joan A. Kehoe for appellant-respondent.

John T. Driscoll, Edwin M. Mulholland and Michael J. Comerford for respondents-appellants.

John Benjamin Carroll for Herbert Marks and others, intervenors-appellants-respondents.

Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur in Per Curiam opinion; Judge JASEN concurs in result in a memorandum.

Per Curiam.

This is a proceeding under CPLR article 78 to review a determination of the Commissioner of Agriculture and Markets (Commissioner) which would have permitted payments to be made to the claimants from the Milk Producers Security Fund (Agriculture and Markets Law, § 258-b).

In the first week of July, 1983 certain checks issued to dairy farmers by the...

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