Victory Markets, Inc. v. Department of Agriculture & Markets

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court in Albany County) to annul the determination of the Commissioner of Agriculture and Markets of the State of New York, which denied petitioner’s application for an extension of a milk dealer’s license. Petitioner owns 92 supermarket stores in New York State. It holds a milk dealer’s license authorizing it to distribute milk to 86 of its stores in 21 counties of the State. Petitioner in this application seeks to extend its license into Lewis, Jefferson and St. Lawrence Counties in order to service…