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MILK DEALERS v. BUTCHER

154 A.D.2d 43 (1990)

In the Matter of Western New York Milk Dealers, Inc., et al., Petitioners, v. Donald G. Butcher, as Commissioner of Agriculture and Markets of The State of New York, Respondent, and Western New York Milk Producers Cooperative Bargaining Agency et al., Intervenors

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 15, 1990

Attorney(s) appearing for the Case

John Benjamin Carroll, P. C. (Woodruff L. Carroll of counsel), for petitioners.

Joan A. Kehoe (Michael McCormick and Larry A. Swartz of counsel), for respondent.

Alagia, Day, Marshall, Mintmire & Chauvin (John J. McLaughlin of counsel), and Culley, Marks, Corbett, Tanenbaum, Reifsteck & Potter (Burton D. Tanenbaum of counsel), for intervenors.

MAHONEY, P. J., KANE, CASEY and WEISS, JJ., concur.

HARVEY, J.

In October 1987, intervenor Western New York Milk Producers Cooperative Bargaining Agency submitted a request to the Department of Agriculture and Markets seeking to make certain amendments to the then existing "Western New York Milk Marketing Area" order (1 NYCRR part 21). The proposal sought to, inter alia, expand the boundaries covered by 1 NYCRR part 21. Respondent ultimately issued a final...

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