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MATTER OF MEADOWSWEET DAIRY, LLC v. HOOKER

507679.

71 A.D.3d 1266 (2010)

898 N.Y.S.2d 276

In the Matter of MEADOWSWEET DAIRY, LLC, et al., Appellants, v. PATRICK HOOKER, as Commissioner of Agriculture and Markets, et al., Respondents.

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

Decided March 11, 2010.

McCarthy, J.

Petitioners Steven Smith and Barbara Smith own and operate a farm. From 1995 until 2007, they sold milk to dairy processors, made dairy products and sold raw milk—milk which is unpasteurized—at their farm. Throughout that time, they possessed all of the permits required of them and were regulated and inspected by the Department of Agriculture and Markets. In March 2007, the Smiths surrendered their permits and formed petitioner Meadowsweet...

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