Congelosi v. New York State Department of Agriculture & Markets

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 the Commissioner of Agriculture and Markets which denied petitioner’s application for a domestic animal health permit.

The evidence reveals that although a judgment had been entered against petitioner in 1985 imposing a $2,000 fine for his failure to obtain a domestic animal health permit (hereinafter DAHP), he never paid the fine; in 1988 he was held in contempt and an additional fine of $55,750 was imposed. At the hearing on his subsequent…