Eastern Milk Producers Cooperative Ass'n v. State of New York Department of Agriculture & Markets

OPINION OF THE COURT

Memorandum.

The appeal taken as of right should be dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. But, on the court’s own motion, leave to appeal should be granted (CPLR 5602, subd [a], par 2). The order of the Appellate Division then should be reversed, with costs, and the determination of the Commissioner of the Department of Agriculture and Markets reinstated.

At the time of the dealer’s default in this case, subdivision 5 of section 258-b of the Agriculture and…