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MILK PRODUCERS v. BUTCHER

154 A.D.2d 49 (1990)

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

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

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

Moot & Sprague (Gary F. Kotaska of counsel), for intervenors.

MAHONEY, P. J., CASEY and WEISS, JJ., concur with HARVEY, J.; KANE, J., dissents and votes to annul in an opinion.

HARVEY, J.

In October 1987, petitioner 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).1 As described in Matter of Western N. Y. Milk Dealers...

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