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DON J. WICKHAM v. JERRY LEVINE (01/23/69)

COURT OF APPEALS OF NEW YORK 1969.NY.40245 <http://www.versuslaw.com>; 246 N.E.2d 357; 23 N.Y.2d 923 decided: January 23, 1969. DON J. WICKHAM, AS COMMISSIONER OF AGRICULTURE AND MARKETS OF THE STATE OF NEW YORK, RESPONDENT,v.JERRY LEVINE, APPELLANT Wickham v. Levine, 24 A.D.2d 1035, affirmed. Sidney Salant for appellant. George W. Gloning, Jr., and Robert G. Blabey for respondent. Concur: Chief Judge Fuld and Judges Burke, Bergan, Keating, Breitel and Jasen. Judge Scileppi dissents.


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.

19690123

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