It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting that part of the motion with respect to the second cause of action in its entirety and dismissing that cause of action and as modified the order is affirmed without costs.
Memorandum:
Plaintiff commenced this action, individually and in his capacity as Supervisor of the Town of Arkwright, challenging the statutory scheme wherein the State...
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