New York Court of Appeals

In the Matter of Dairylea Cooperative, Inc. v. Frank Walkley, as Commissioner of the Department of Agriculture and…

October 28, 197538 N.Y.2d 6

Summary

The New York Court of Appeals held that Dairylea Cooperative has standing to challenge the Commissioner of Agriculture and Markets' license extension to a competitor because the statute's purpose is to prevent destructive competition. The Court affirmed that the appropriate standard of review is limited to whether the agency exceeded its authority or ignored statutory standards, and it reversed the Appellate Division, remanding the case for further proceedings on the merits.