Opinion
Argued January 6, 1941
Decided January 23, 1941
Appeal from the Supreme Court, Appellate Division, Fourth Department.
Irving G. Hubbs, Merritt A. Switzer and Henry S. Manley for appellant.
Robert I. Millonzi and Milo R. Kniffen for Department of Agriculture and Markets of the State of New York, respondent.
Hampton H. Halsey for Rochester Co-operative Milk Producers Bargaining Agency et al., respondents.
The same problem presented upon the appeal in Matter of Guernsey Breeders Cooperative, Inc., v. Noyes ( 284 N.Y. 197) is presented upon this appeal and the order should be modified in accordance with the opinion of the court in that case and as so modified affirmed, with costs to the appellant.
LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ., concur.
Ordered accordingly.