General
In the Matter of the Application of New York State Guernsey Breeders' Co-operative, Inc., Petitioner, for an Order under C. P. A. Art. 78, against Holton V. Noyes, Commissioner of Agriculture and Markets of the State of New York, Defendant
260 A.D. 841·New York Supreme Court, Appellate Division·1940·NY
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Opinion
In the Matter of the Application of New York State Guernsey Breeders’ Co-operative, Inc., Petitioner, for an Order under C. P. A. Art. 78, against Holton V. Noyes, Commissioner of Agriculture and Markets of the State of New York, Defendant.
[MAJORITY]
Motion for reargument denied. Motion for leave to appeal to the Court of Appeals granted. [See 260 App. Div. 139.] Memorandum: We regard our determination as a final order and, therefore, the request to certify questions to be reviewed by the Court of Appeals is denied. (Civ. Prac. Act, § 588, subd. 5; Matter of Neglia v. Zimmerman, 237 N. Y. 131.) Present — Crosby, P. J., Cunningham, Dowling, Harris and McCurn, JJ.