Order, insofar as appealed from, affirmed, with $10 costs and disbursements.
Before damages may be awarded in an article 78 proceeding it must appear: (1) that the damages are incidental to the primary relief sought, and (2) that the damages are such as the petitioner could recover in an independent and separate action (CPLR 7806; McKinney's Cons. Laws of N. Y., Book 7B, CPLR 7806, Practice Commentary, p. 253; cf. People ex rel. Walker v. Ahearn, 139 App. Div...
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