Babylon Milk & Cream Co. v. Wickham — 13 N.Y.2d 1127

Majority

p. 1127

In the Matter of Babylon Milk & Cream Co., Inc., Appellant, v. Don J. Wickham, as Commissioner of Agriculture and Markets of the State of New York, Respondent.

Argued January 7, 1964;

decided January 16, 1964.

p. 1129

Harry Rosenberg for appellant.

George W. Gloning, Jr., and Robert G. Blabey for respondent.

Order affirmed, without costs, solely on the ground stated by the Appellate Division; that is, that on this record petitioner is not aggrieved. Like the Appellate Division, we find it impossible on this record to reach the merits of the issue sought to be presented by petitioner, viz., as to the power of the Commissioner to limit the number of routes to be operated by a milk dealer.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke and Scileppl Taking no part: Judge Bergan.