Judgment unanimously reversed, with costs, and motion denied.
Memorandum:
In this CPLR article 78 proceeding petitioner alleged that he was appointed as a jail guard in the Department of the Erie County Sheriff, a respondent, in August, 1959 on a permanent basis and continued therein until November, 1964 when he was appointed on a permanent basis as a Court Deputy Sheriff assigned to the Erie County Court, in which position he continued until January, 1971...
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