Judgment unanimously modified in accordance with memorandum and, as modified, affirmed, with costs, to petitioner.
Memorandum:
Respondents appeal from a judgment in a CPLR article 78 proceeding which, inter alia, directed that petitioner be reinstated as a permanent appointee in the position of Police Chief of the Village of Ilion, New York, that the date of his appointment be deemed to have been May 10, 1976, and that he be awarded back wages and benefits...
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