Opinion
December 29, 1949.
Present — Foster, P.J., Brewster, Deyo, Santry and Bergan, JJ.
This is a proceeding under article 78 of the Civil Practice Act to review a determination of the Commissioner of Agriculture and Markets of the State of New York, which extended the milk license of the Racquette Valley Dairies, Inc., to sell milk and cream to various localities, including the towns of South Colton and Colton in St. Lawrence County. On an intermediate appeal the right of petitioner to a hearing was upheld ( Matter of Bullis v. Du Mond, 274 App. Div. 951). The same issue is raised again in this proceeding after the commissioner has filed an answer and a hearing has been held. We adhere to our former decision, but add that the effect thereof is to be strictly limited to the procedural facts disclosed on the former appeal. As to the merits of the proceeding we find nothing to sustain petitioner's contention that the commissioner did not have before him competent proof of all the facts necessary to authorize the determination made. Nor do we find anything to indicate that such determination was arbitrary or capricious. Since the application of Racquette Valley Dairies, Inc., was granted the commissioner was not required to state the reasons for his determination, and in no event was he required to make formal findings (Agriculture and Markets Law, § 258-c). Determination unanimously confirmed, without costs.