Order affirmed, without costs.
We agree with Special Term that a triable issue of fact exists as to the status of the plaintiff and his right to the benefits of subdivision 3 of section 75 of the Civil Service Law. We disagree, however, with the denial of the motion on the additional ground that plaintiff is required to bring a proceeding under article 78 of the CPLR to determine his right to the position as a condition precedent to his obtaining back salary. Plaintiff...
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