In re Downing

Hill, P. J. (dissenting).

I favor an annulment of the determination. An argument, plausible at least if not more, may be advanced that petitioner was an employee of Linden Farms under the doctrine of Matter of Glielmi v. Netherlands Dairy Co., Inc. (254 N. Y. 60). Petitioner lost his employment and with commendatory energy sought to develop a business of his own. If he violated the statute by selling milk without a license, it was an unintentional violation. The health authorities of the city of New York have certified that he conducted Ms business in a clean, wholesome manner.

The same rule…