Opinion
Reargued October 14, 1949
Decided October 20, 1949
Appeal from the Supreme Court, Appellate Division, Third Department.
John R. Titus for appellant.
Robert G. Blabey and Donald L. Brush for respondent.
Upon reargument: Order of Appellate Division reversed and determination of the Commissioner of Agriculture and Markets annulled and the Commissioner of Agriculture and Markets directed to issue the license applied for by the petitioner, with costs in this court and in the Appellate Division. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and BROMLEY, JJ.