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  5. 68 N.Y.2d 904 (1986)
 

MATTER OF DAIRYLEA COOP., INC. v. GERACE

68 N.Y.2d 904 (1986)

In the Matter of Dairylea Cooperative, Inc., Respondent, v. Joseph Gerace, as Commissioner of the Department of Agriculture and Markets, Appellant.

Court of Appeals of the State of New York.

Decided October 23, 1986.

Attorney(s) appearing for the Case

Michael McCormick for appellant.

Richard A. Reed for respondent.

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

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and that portion of the determination of the Commissioner of the Department of Agriculture and Markets reinstated.

In reviewing the claim of respondent, Dairylea Cooperative, Inc. (as a producer) against the milk producers' security fund for milk sold by Dairylea to Glen & Mohawk Milk Association ...

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