Legal Opinion

Matter of Stracquadanio v. Dept. of Health

New York Court of Appeals

Decided March 6, 1941PublishedCited by 58 opinions

1Opinion of the CourtLewis, J.

In a proceeding under article 78 of the Civil Practice Act we have granted leave to appeal and now review an order of the Appellate Division which unanimously affirmed an order of Special Term denying an application for a mandatory order directing the respondent Board of Health of the City of New York to issue to the appellant a “ Class C permit ” to deliver milk as an independent distributor. (Sanitary Code of the City of New York, §§ 155, subd. 3, 156; Board of Health Regulation 3-a, subd. 3-b, par. 3.)

The petitioner-appellant asserts that the sections of the Sanitary Code and the…

2Cases cited11 opinions

  1. Nebbia v. New YorkSupreme Court of the United States · 1934
  2. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  3. United States v. Carolene Products Co.Supreme Court of the United States · 1938
  4. Borden's Farm Products Co. v. BaldwinSupreme Court of the United States · 1934
  5. Metropolitan Casualty Ins. Co. v. BrownellSupreme Court of the United States · 1935

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3Cited by58 opinions

  1. Matter of Marburg v. ColeNew York Court of Appeals · 1941
  2. Kane v. WalshNew York Court of Appeals · 1946
  3. Dairymen's League Cooperative Ass'n v. MurtaghAppellate Division of the Supreme Court of the State of New York · 1948
  4. Grossman v. BaumgartnerNew York Court of Appeals · 1966
  5. Quaker Oats Co. v. City of New YorkNew York Court of Appeals · 1946

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