Order and resettled order reversed on the law and facts, without costs of this appeal to any party, and matter remitted to the Special Term for further proceedings in accordance with the memorandum.
Memorandum:
We agree with the Special Term that petitioner was appointed a temporary fireman pursuant to the provisions of chapter 47 of the Laws of 1943 and further that if he received injuries or became ill "as a result of the performance of his duties so as...
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