Eastern Milk Producers Cooperative Ass'n v. State of New York Department of Agriculture & Markets

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of Commissioner of Agriculture and Markets which denied, in part, petitioner’s claim for payment from the milk producers security fund. Petitioner had filed a claim for $379,391.63 pursuant to section 258-b of the Agriculture and Markets Law against the milk producers security fund alleging said sum to be a balance due for milk sold to Grandview Dairy, Inc., a licensed milk dealer, during October and November of 1979. Following a…