Legal Opinion
Beers v. Wickham
Appellate Division of the Supreme Court of the State of New York
Decided March 28, 1966PublishedCited by 1 opinion
1Opinion of the CourtReynolds, J.
This is a proceeding brought pursuant to article 78 of the CPLR seeking the review of a decision and order of the Commissioner of Agriculture adding certain towns to the Niagara Frontier Milk Marketing Area (1 NYGRR 21.3).
While sections 258-k and 258-m of the Agriculture and Markets Law do not so state specifically, it is inferable that the Commissioner has the power to draw and change the boundaries of an existing marketing area, but only after a public hearing preceded by a prescribed notice (§ 258-m, subd. 1) and if “upon the testimony given at the hearing * * * public interest requires…
2Cases cited7 opinions
- Matter of Elite Dairy Products v. Ten EyckNew York Court of Appeals · 1936
- Matter of Heaney v. McGoldrickNew York Court of Appeals · 1941
- New York State Guernsey Breeders Co-Operative, Inc. v. NoyesNew York Court of Appeals · 1940
- New Rochelle Water Co. v. MaltbieAppellate Division of the Supreme Court of the State of New York · 1936
- New York State Guernsey Breeders Co-operative, Inc. v. NoyesAppellate Division of the Supreme Court of the State of New York · 1940
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3Cited by1 opinion
- Western New York Milk Dealers, Inc. v. ButcherAppellate Division of the Supreme Court of the State of New York · 1990