Judgment reversed, on the law, without costs or disbursements, and it is declared that the positions of the three Deputy Town Clerks of the Town of Smithtown are in the exempt class of the civil service, pursuant to section 41 (subd 1, par [b]) of the Civil Service Law. Subdivision 10 of section 30 of the Town Law provides, inter alia, that "The town clerk of each town may appoint not more than three deputies * * * [who] shall have such powers and shall perform...
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