MATTER OF NAT'L FARMERS ORG., INC. v. GERACE


66 N.Y.2d 719 (1985)

In the Matter of National Farmers Organization, Inc., Respondent, v. Joseph Gerace, as Commissioner of the New York State Department of Agriculture and Markets, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 22, 1985.


Attorney(s) appearing for the Case

Thomas G. Conway and Michael McCormick for appellants.

Arnold W. Proskin for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed and the judgment of Supreme Court reinstated, with costs.

Although it is not clear whether an article 78 proceeding, as has been taken here, or an application to amend the remittitur or final judgment in the prior proceeding is the appropriate procedural means of obtaining review (see, Brodsky v Murphy, 25 N.Y.2d 518...

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