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MATTER OF UTICA CHEESE, INC. v. BARBER

49 N.Y.2d 1028 (1980)

In the Matter of Utica Cheese, Inc., Respondent, v. J. Roger Barber, as Commissioner of the New York Department of Agriculture and Markets, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 6, 1980.

Attorney(s) appearing for the Case

Thomas G. Conway and Joan A. Kehoe for appellants.

Arnold W. Proskin for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

In this article 78 proceeding petitioner seeks to compel the Commissioner of the Department of Agriculture and Markets to act on its milk dealer license application, which has now been pending for some 16 months. Under subdivision 1 of section 301 of the State Administrative Procedure Act, the commissioner is required to reach his decision "within reasonable time" (see, also, State Administrative Procedure Act...

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