Testa v. Wickham

In this article 78 CPLR proceeding, there is a prayer for the review of respondent’s determination, after hearing, denying petitioner’s application for an extension of his milk dealer’s license pursuant to section 258-c of the Agriculture and Markets Law so as to permit the use of additional trucks and the sale of milk and milk products at wholesale and to an additional class of persons. On return, the question arose as to whether or not the matter should be transferred to the Appellate Division.

The petition, among other things, recites: ‘ ‘ The determination and review was made after 3…