Utica Cheese, Inc. v. Barber

OPINION OF THE COURT

Memorandum.

In this article 78 proceeding petitioner seeks to compel the Commissioner of the Department of Agriculture and Markets to act on its milk dealer license application, which has now been pending for some 16 months. Under subdivision 1 of section 301 of the State Administrative Procedure Act, the commissioner is required to reach his decision "within reasonable time” (see, also, State Administrative Procedure Act, § 102, subd 3). Though the statute does not define this period with specificity, we would have to deem it elapsed in this, case save for the…