It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, the petition is reinstated and the matter is remitted to Supreme Court for further proceedings on the petition.
Memorandum:
Petitioner commenced this CPLR article 78 proceeding seeking to compel respondents to pay him the tenured civil service wages to which he is allegedly entitled under Civil Service Law ...
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