It is hereby ordered that the judgment so appealed from be and the same hereby is modified on the law by vacating the direction that respondent Richard O. Stevenson, Commissioner of Elections, reinstate petitioner and determining that the purported termination of petitioner was invalid ab initio and that petitioner is entitled to receive back pay with interest and benefits from August 9, 2002 and as modified the judgment is affirmed without costs.
Memorandum:
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