Legal Opinion

Dairylea Cooperative, Inc. v. Dyson

Appellate Division of the Supreme Court of the State of New York

Decided January 20, 1977PublishedCited by 5 opinions

1Opinion of the CourtLarkin, J.

Dairylea Cooperative, Inc. (Dairylea), seeks a judgment of this court reversing the determination of the Commissioner of Agriculture and Markets that Dairylea violated article 21 of the Agriculture and Markets Law. The commissioner issued a cease and desist order against Dairylea and Acme Markets, Inc., and demanded $100,000 from Dairy-lea "pursuant to Agriculture and Markets Law §§ 39 and 40” as a civil penalty. Special Term issued an order restraining the commissioner from enforcing any part of his determination and order pending the final resolution of petitioner’s article 78 proceeding…

2Cases cited4 opinions

  1. In re Friendship Dairies, Inc. v. Du MondAppellate Division of the Supreme Court of the State of New York · 1954
  2. Sealtest Foods Division of National Dairy Products Corp. v. WickhamAppellate Division of the Supreme Court of the State of New York · 1969
  3. Glen Mohawk Milk Ass'n v. WickhamAppellate Division of the Supreme Court of the State of New York · 1967
  4. MATTER OF GLEN & MOHAWK MILK ASS'N, INC. v. WickhamNew York Court of Appeals · 1969

3Cited by5 opinions

  1. Kraftco Corp. v. WalkleyAppellate Division of the Supreme Court of the State of New York · 1977
  2. R & S Bakery, Inc. v. BarberAppellate Division of the Supreme Court of the State of New York · 1980
  3. Kraftco Corp. v. WalkleyAppellate Division of the Supreme Court of the State of New York · 1977
  4. McGuire v. Forest Avenue Grocery, Inc.Appellate Terms of the Supreme Court of New York · 1998
  5. State v. Dairylea Cooperative, Inc.Appellate Division of the Supreme Court of the State of New York · 1979

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