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MATTER OF UPSTATE FARMS COOPERATIVE, INC. v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK

290 A.D.2d 896 (2002)

736 N.Y.S.2d 786

In the Matter of UPSTATE FARMS COOPERATIVE, INC., Petitioner, v. TAX APPEALS TRIBUNAL OF THE STATE OF NEW YORK et al., Respondents.

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

Decided January 31, 2002.

Spain, J.

Petitioner is a dairy farm cooperative comprised of approximately 430 small dairy farmers located in western New York. Petitioner processes, packages, sells and distributes its members' milk and milk products to retail and institutional customers (hereinafter retailers). Petitioner packages the milk and milk products in cartons or jugs which it delivers to the retailers in either plastic or metal reusable crates (also called cases) stamped with petitioner...

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