Tuscan Dairy Farms, Inc. v. Barber
New York Court of Appeals
1Opinion of the Court
*218OPINION OF THE COURT
Jones, J.
We hold in this case that the denial by the Commissioner of Agriculture and Markets of a license to extend delivery of milk on a wholesale basis into the County of Richmond to a New Jersey dealer already licensed to supply and supplying milk in other counties of the State did not violate the commerce clause of the United States Constitution.1
The dealer appeals as of right on constitutional grounds in a proceeding pursuant to CPLR article 78 from a judgment of the Appellate Division which unanimously confirmed the determination by the commissioner, after a hearing,…
2Cases cited12 opinions
- Nebbia v. New YorkSupreme Court of the United States · 1934
- City of Philadelphia v. New JerseySupreme Court of the United States · 1978
- Exxon Corp. v. Governor of MarylandSupreme Court of the United States · 1978
- Baldwin v. G. A. F. Seelig, Inc.Supreme Court of the United States · 1935
- H. P. Hood & Sons, Inc. v. Du MondSupreme Court of the United States · 1949
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3Cited by13 opinions
- Rogers v. RogersNew York Court of Appeals · 1984
- People v. Elmhurst Milk & Cream Co.New York Supreme Court · 1982
- Dellwood Foods, Inc. v. BarberAppellate Division of the Supreme Court of the State of New York · 1982
- Fair Lawn Dairies, Inc. v. BarberAppellate Division of the Supreme Court of the State of New York · 1979
- Marcus Dairy, Inc. v. GeraceAppellate Division of the Supreme Court of the State of New York · 1986
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