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FARMLAND DAIRIES v. BARBER

65 N.Y.2d 51 (1985)

In the Matter of Farmland Dairies et al., Appellants, v. J. Roger Barber, as Commissioner of New York State Department of Agriculture and Markets, Respondent.

Court of Appeals of the State of New York.

Decided May 7, 1985.

Attorney(s) appearing for the Case

Stuart I. Friedman for appellants.

Michael McCormick, Thomas G. Conway and Joan A. Kehoe for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, KAYE and ALEXANDER concur.

SIMONS, J.

The provisions of the Agriculture and Markets Law require all milk dealers in New York to be licensed. The Commissioner of the Department of Agriculture and Markets may deny an application for a new license or an application to continue or extend an existing one if he finds by a preponderance of the evidence, after a hearing, one or more of the following: ...

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