Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the preliminary injunction is vacated, and the petitioner's remaining claims for plenary relief are dismissed.
At all relevant times, the petitioner served as an officer in the New York State Air National Guard Active Guard/Reserve (hereinafter AGR). On or about October 12, 2004 the petitioner received notice that following the expiration of his tour on...
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