It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner commenced this CPLR article 78 proceeding alleging, inter alia, that respondent acted arbitrarily in creating the new position of Director of Facilities Planning, Design, and Construction in 2010, in failing immediately to place petitioner in that position and in eliminating his position in 2012. Respondent moved to dismiss the petition and, on notice...
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