Eastern Milk Producers Cooperative Ass'n v. State of New York Department of Agriculture & Markets

OPINION OF THE COURT

Kane, J. P.

The relevant facts in this case are undisputed. Petitioner is a cooperative which sells milk on behalf of milk producers. Respondents, the State Department of Agriculture and Markets and its Commissioner, are vested with the power to regulate the dairy industry in the State, including the milk producers security fund (the fund) (Agriculture and Markets Law §§ 252, 258-b). The fund protects milk producers and cooperatives against the loss of payment for milk because of defaults by milk dealers (see, L 1975, ch 526, § 1).

On July 25,1983, petitioner filed a…