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De Korte v. Du Mond

298 N.Y. 695 Court N.Y. Decision date 1948-10-22 English

Judges Concur: Lottghran, Ch. J., Lewis, CoNWay, Desmond, Dye and Ftjld, JJ. Taking no part: Teacher, J.

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p. 695
In the Matter of I. De Korte, Doing Business as Milanville Dairy, Respondent, against C. Chester Du Mond, as Commissioner of Agriculture and Markets of the State of New York, Appellant.
Argued October 11, 1948;
decided October 22, 1948.
p. 696
Robert Q. Blabey and Donald L. Brush for appellant.
Herbert L. Maltmsky, Michael F. Dennis and Harry L. Marcus for respondent.

Appeal dismissed, without costs. Neither the Commissioner nor the Appellate Division made any determination of the issue as to whether the granting of'the license applied for would tend to a destructive competition in a market adequately served (Agriculture and Markets Law, § 258-c). Hence the order does not finally determine the proceeding within the meaning of the Constitution. (Cf. Matter of Rochester Gas & Electric Corp. v. Maltbie, 298 N. Y. 103 .) No opinion.

Concur: Lottghran, Ch. J., Lewis, CoNWay, Desmond, Dye and Ftjld, JJ. Taking no part: Teacher, J.

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