decided: January 23, 1969.
DON J. WICKHAM, AS COMMISSIONER OF AGRICULTURE AND MARKETS OF THE STATE OF NEW YORK, RESPONDENT,
JERRY LEVINE, APPELLANT
Wickham v. Levine, 24 A.D.2d 1035, affirmed.
Concur: Chief Judge Fuld and Judges Burke, Bergan, Keating, Breitel and Jasen. Judge Scileppi dissents.
Order affirmed, with costs; no opinion. Judge Scileppi dissents and votes to reverse upon the ground that the operation conducted by defendant does not come within the purview of section 193 (subd. 4) of the Agriculture and Markets Law.
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