Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following
Memorandum:
Petitioners appeal from a judgment granting respondents' preanswer motion to dismiss the petition in this CPLR article 78 proceeding. Petitioners seek a judgment reinstating petitioners John Nole and Jeffrey DeSarro to the position of firefighter and compelling respondent City of Utica to fill vacant positions in the City of Utica Bureau...
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