State of New York v. Glen & Mohawk Milk Ass'n

Appellate Division of the Supreme Court of New York

State of New York v. Glen & Mohawk Milk Ass'n

93 A.D.2d 975, 461 N.Y.S.2d 648, 1983 N.Y. App. Div. LEXIS 17882

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 1, 1983

StatusPublished

Cited by1 cases

This text of 93 A.D.2d 975 (State of New York v. Glen & Mohawk Milk Ass'n) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State of New York v. Glen & Mohawk Milk Ass'n, 93 A.D.2d 975, 461 N.Y.S.2d 648, 1983 N.Y. App. Div. LEXIS 17882 (N.Y. Ct. App. 1983).

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— Order and judgment affirmed, without costs, for reasons stated at Special Term, Reagan, J. Memorandum: We add only that the language of subdivision 3 of section 340 of the General Business Law does not permit the interpretation advanced by the dissent. That subdivision unambiguously states that “the provisions of this article [the Donnelly Act] shall not apply to cooperative associations * * * of * * *■ dairymen” (emphasis supplied). The Court of Appeals has recently reminded us that the court “should not ignore the words of a statute, clear on its face, to reach a different result through judicial interpretation (McKinney’s Cons Laws of NY, Book 1, Statutes, § 76).” (Matter of Kleefeld, 55 NY2d 253, 259.) Concur — Dillon, P. J., Boomer and Moule, JJ.

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— Order and judgment affirmed, without costs, for reasons stated at Special Term, Reagan, J. Memorandum: We add only that the language of subdivision 3 of section 340 of the General Business Law does not permit the interpretation advanced by the dissent. That subdivision unambiguously states that “the provisions of this article [the Donnelly Act] shall not apply to cooperative associations * * * of * * *■ dairymen” (emphasis supplied). The Court of Appeals has recently reminded us that the court “should not ignore the words of a statute, clear on its face, to reach a different result through judicial interpretation (McKinney’s Cons Laws of NY, Book 1, Statutes, § 76).” (Matter of Kleefeld, 55 NY2d 253, 259.) Concur — Dillon, P. J., Boomer and Moule, JJ.

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93 A.D.2d 975, 461 N.Y.S.2d 648, 1983 N.Y. App. Div. LEXIS 17882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-new-york-v-glen-mohawk-milk-assn-nyappdiv-1983.

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