Ordered that the order is affirmed, without costs or disbursements.
The plaintiff alleges that the defendants breached a contract to compensate him, upon his retirement from his position as Chief of Police of the Incorporated Village of Malverne, for certain accumulated, but unused, benefits. Thus, the plaintiff commenced an action to recover damages for breach of contract rather than a proceeding pursuant to CPLR article 78 (see Matter of Art-Tex Petroleum v New...
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