Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the motion which was for partial summary judgment declaring the salary differential unconstitutional with respect to the plaintiff Thomas J. O'Toole and substituting therefor a provision granting that branch of the motion. As so modified, the order is affirmed insofar as appealed from, without costs or disbursements, Jack Mackston's claim is severed, and the matter...
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