
    In the Matter of National Farmers Organization, Inc., Respondent, v J. Roger Barber, as Commissioner of the New York State Department of Agriculture and Markets, Appellant.
    Decided June 14, 1983
    
      APPEARANCES OF COUNSEL
    
      Thomas G. Conway and Michael McCormick for appellant.
    
      Arnold W. Proskin, P. C., for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, and the determination of the Commissioner of the Department of Agriculture and Markets reinstated (Matter of Eastern Milk Producers Coop. Assn. v State of New York Dept. of Agric. & Markets, 58 NY2d 1097).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Meyer and Simons. Taking no part: Judge Wachtler.  