It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the amended petition is reinstated, and the matter is remitted to Supreme Court, Oneida County, for further proceedings in accordance with the following memorandum: Petitioner commenced this CPLR article 78 proceeding seeking additional time credits toward his retirement. Supreme Court erred in granting respondent's motion seeking dismissal of the...
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