Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying the plaintiff/petitioner's motion, in effect, for summary judgment on the second cause of action to recover back pay and substituting therefor a provision denying the motion as unnecessary, and (2) by deleting the provision thereof granting the cross motion of the defendant/respondent Town of Somers for summary judgment dismissing the first and second causes of action asserted against...
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