Ordered that the cross appeal is dismissed for failure to perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8); and it is further,
Ordered that the amended order is affirmed insofar as appealed from; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
The complaint asserts a viable cause of action pursuant to General Municipal Law § 80 (see, Wharram v City of Utica,
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