Opinion
Decided June 14, 1983
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, CON. G. CHOLAKIS, J.
Thomas G. Conway and Michael McCormick for appellant.
Arnold W. Proskin, P.C., for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed, with costs, and the determination of the Commissioner of the Department of Agriculture and Markets reinstated ( Matter of Eastern Milk Producers Coop. Assn. v State of New York Dept. of Agric. Markets, 58 N.Y.2d 1097).
Concur: Chief Judge COOKE and Judges JASEN, JONES, MEYER and SIMONS. Taking no part: Judge WACHTLER.