Order modified, on the law and the facts, insofar as it dismissed the prime proceeding, the petition is reinstated, the case is remanded to the Supreme Court, Westchester County, for further proceedings, and the petitioner is directed to join New York State Civil Service Commission as a necessary party to this proceeding within 20 days of the entry of this order. As so modified, order affirmed insofar as appealed from, with $20 costs and disbursements to appellant.
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