Graffenburg Dairy, Inc. v. Du Mond

Respondent-appellant, Commissioner of Agriculture and Markets, has denied the application of petitioner-respondent for the extension of its license as a milk dealer. Petitioner-respondent brings this proceeding under article 78 of the Civil Practice Act for review of such action on the part of the commissioner. The commissioner made a cross motion, pursuant to section 1293 of the Civil Practice Act, for the dismissal of the petition as insufficient in law, and this appeal is taken from an order denying such cross motion for dismissal.

Paragraphs 1 to 6, inclusive, of the petition contain…