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J. ROGER BARBER, as Commissioner of Agriculture and Markets of the State of New York, Respondent, v. T. DAVID BULLARD, as President of Bullard Orchards, Inc., et al., Appellants.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for reasons stated in the opinion by Justice T. PAUL KANE at the Appellate Division ( 93 A.D.2d 672). Question certified not answered as unnecessary.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.

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BARBER v. BULLARD
(Dec 15, 1983)