Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered September 21, 2021, in a proceeding pursuant to CPLR article 78 and action for injunctive relief and monetary damages. The judgment granted the motions of respondents/defendants to dismiss and dismissed the petition/complaint.
It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying in part the motion of respondents...
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