Glen Mohawk Milk Ass'n v. Wickham
| Decision Date | 19 June 1967 |
| Citation | 28 A.D.2d 764,280 N.Y.S.2d 839 |
| Parties | In the Matter of GLEN MOHAWK MILK ASSOCIATION, Inc., Petitioner, v. Don J. WICKHAM, as Commissioner of Agriculture & Markets, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Gustave A. DeLemos, New York City, for petitioner.
Robert G. Blabey, Thomas G. Conway, Albany, for respondent.
Before HERLIHY, J.P., and REYNOLDS, AULISI, STALEY and GABRIELLI, JJ.
Proceeding brought pursuant to article 78 of the CPLR to review a determination of the respondent, the Commissioner of Agriculture and Markets, which partially revoked petitioner's milk dealer's license and for an order directing the respondent to issue to petitioner a milk dealer's license for the years 1966--67 as previously issued.
Petitioner, the owner of a milk plant at Fultonville, New York, operated under a license which provided in pertinent part:
'Licensee is authorized to make sales and deliveries of milk at wholesale in Montgomery and Fulton Counties and to sell milk to other dealers F.O.B. its Fultonville plant as successor to Morris Abrams.'
The respondent could clearly find on the instant record that petitioner in the conduct of its milk business had adopted a continuing course of conduct which extended its wholesale business well beyond the confines of Montgomery and Fulton Counties without there having been true F.O.B. sales at its Fultonville plant. Moreover, we cannot agree that petitioner's license, as now revised is so restrictive in limiting sales to 'licensed' dealers F.O.B. Fultonville as to be unreasonable. If petitioner wishes to extend its business it may always apply for an extension of its license, which is obviously what it should have done here.
Determination confirmed and petition dismissed, without costs. Interim stay vacated.
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