BARBER v. BULLARD


93 A.D.2d 672 (1983)

J. Roger Barber, as Commissioner of Agriculture and Markets of The State of New York, Respondent, v. T. David Bullard, as President of Bullard Orchards, Inc., et al., Appellants

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

June 2, 1983


Attorney(s) appearing for the Case

Norman Kellar (Bernard Evans Harvith of counsel), for appellants.

Thomas G. Conway (Charles J. Yanni of counsel), for respondent.

SWEENEY, J. P., CASEY, MIKOLL and YESAWICH, JR., JJ., concur.


KANE, J.

Once again we must consider an attack upon the constitutionality of the Apple Marketing Order (AMO) and the statutory provisions which provide for its implementation (1 NYCRR Part 201; Agriculture and Markets Law, §§ 292, 294). This court has examined these provisions on prior occasions. The history, purpose and validity thereof are reported in Wickham v Trapani (

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