Judgment unanimously reversed, without costs, and judgment granted, in accordance with the following memorandum: This is an appeal from a judgment declaring valid the appointment by petitioners of Patrick Kirk as the Herkimer Village Attorney for 1984-1985. The declaration by Special Term was based upon an order to show cause predicated on a petition to which answers and a reply affidavit had been filed. We treat the proceeding as if it were an action for declaratory judgment...
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