Dairymen's League Cooperative Ass'n v. Du Mond

This is an article 78 proceeding to review the determination of respondent, Commissioner of Agriculture and Markets (hereinafter referred to as Commissioner), extending the Milk Dealer’s License of respondent, Queensboro Farm Products, Inc., (hereinafter referred to as Queensboro).

Both respondents move to dismiss the petition because the petition is not duly verified, contending that the result is an unverified petition, in spite of the fact that a verified petition is essential to institute this proceeding. (Civ. Prac. Act, § 1288.)

Petitioner contends that the verification is only…