Dairies v. Gerace

— Main, J.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which, inter alia, denied the application of petitioner Fair Lawn Dairies, Inc., for an extension of its milk dealer’s license to sell milk in Nassau and Suffolk Counties.

This matter has previously been before this court, and the facts giving rise to petitioners’1 initial CPLR article 78 proceeding are set forth in our decision in that proceeding (Matter of Farmland Dairies v Barber, 103 AD2d 11). Our previous decision…