La Borie v. Habes

The respondent has demanded a jury trial in this proceeding pursuant to section 116 of the Agriculture and Markets Law. It has been held that the respondent is not entitled to a jury trial under the provisions of the Agriculture and Markets Law (Rueffer v. Department of Agriculture & Markets, 164 Misc. 803).

Proceedings under section 116 have been held to be a special civil proceeding (Matter of Foote, 129 Misc. 2). However, it is the opinion of this court that, even as such, they do not fall within the preservation of a right to a jury trial, as is fully set forth in CPLR 4101.

The statute,…