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MATTER OF UPSTATE MILK COOPS., INC. v. STATE OF NEW YORK DEP'T OF AGRIC. & MKTS.

101 A.D.2d 940 (1984)

In the Matter of Upstate Milk Cooperatives, Inc., Appellant, 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.

May 17, 1984

¶ Two questions are presented on this appeal for our resolution. First, should the Commissioner of the Department of Agriculture and Markets be estopped from asserting the defense of lack of personal jurisdiction where, contrary to statute (Agriculture and Markets Law, § 258-d), the notice of petition and petition were delivered by express mail to a departmental attorney who had agreed to accept service on behalf of the...

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