Ordered that the order is modified, on the law, by adding thereto a provision converting the action to a proceeding pursuant to CPLR article 78 in the nature of mandamus (see CPLR 103 [c]) and deeming the summons and complaint a notice of petition; as so modified, the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Rockland County, for further proceedings, including amendment of the caption and the entry of a judgment.
The plaintiff...
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