J. Beres & Sons Dairy, Inc. v. Barber — 52 N.Y.2d 1026

Majority

p. 1026

J. Beres & Sons Dairy, Inc., Appellant, v J. Roger Barber, as Commissioner of the New York State Department of Agriculture and Markets, Respondent.

Argued January 16, 1981;

decided February 24, 1981

p. 1027

APPEARANCES OF COUNSEL

James J. Michalek for appellant.

Larry A. Swartz, Thomas G. Conway and Joan A. Kehoe for respondent.

OPINION OF THE COURT

Judgment affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 75 AD2d 930 ).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.