Order reversed, with $10 costs and disbursements, and proceeding remitted to the Special Term to hear and determine the issues raised by the pleadings.
As we construe the pleadings, appellant was dismissed from his position for the reason that his duties became unnecessary and not because of any claim of incompetence or misconduct. Appellant alleges that he is entitled to the rights of an exempt volunteer fireman under section 22 of the Civil Service Law. If his dismissal...
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