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MATTER OF FRIENDSHIP DAIRIES v. DU MOND

284 A.D. 147 (1954)

In the Matter of Friendship Dairies, Inc., Petitioner, v. C. Chester Du Mond, as Commissioner of Agriculture and Markets of The State of New York, Respondent

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

May 21, 1954.

Attorney(s) appearing for the Case

Sidney Schwartz for petitioner.

Robert G. Blabey and George G. Fiesinger for respondent.

FOSTER, P. J., BERGAN, COON and IMRIE, JJ., concur.

HALPERN, J.

This is a proceeding under article 78 of the Civil Practice Act to review a determination by the Commissioner of Agriculture, denying the petitioner's application for an extension of its milk license so as to authorize it to operate an approved fluid milk plant at Friendship, New York.

Ever since 1926, the petitioner has operated an unapproved milk plant at Friendship, New York. The petitioner...

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