Ordered that the judgment is modified, on the law, by deleting the provision thereof denying the petition and dismissing the proceeding, and adding thereto a provision converting the proceeding into an action for a declaratory judgment, and deeming the notice of petition to be the summons and the petition to be the complaint (see CPLR 103[c]), and declaring that the petitioners are not entitled to payment for unused sick time under the terms of a memorandum of agreement...
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