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EASTERN v. DEPT. OF AGRIC.

107 A.D.2d 180 (1985)

In the Matter of Eastern Milk Producers Cooperative Association, Inc., Petitioner, 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.

March 7, 1985

Attorney(s) appearing for the Case

Williams, Micale & Wells (Frederick J. Micale of counsel), for petitioner.

Thomas G. Conway (Michael McCormick of counsel), for respondents.

MAIN, MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.

KANE, J. P.

The relevant facts in this case are undisputed. Petitioner is a cooperative which sells milk on behalf of milk producers. Respondents, the State Department of Agriculture and Markets and its Commissioner, are vested with the power to regulate the dairy industry in the State, including the milk producers security fund (the fund) (Agriculture and Markets Law §§ 252, 258-b). The fund protects milk producers and cooperatives against...

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