Opinion
Argued January 7, 1969
Decided January 23, 1969
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, LAWRENCE H. COOKE, J.
Sidney Salant for appellant.
George W. Gloning, Jr., and Robert G. Blabey for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, BERGAN, KEATING, BREITEL and JASEN. 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.