
    In the Matter of Robert W. Damino, Respondent, v Isidore Shapiro, as Commissioner of the Department of Mental Health of Nassau County, et al., Appellants.
    Submitted April 4, 1977;
    decided May 3, 1977
   Motion for clarification granted. On appeal to this court, it was determined that petitioner had no duty to mitigate damages. Not presented, briefed, or determined in this court, and hence open for consideration at Supreme Court, was whether the late Mr. Justice Liff’s judgment in the proceeding would permit deduction of moneys earned, if any, which would not have been earned except for the fact that petitioner was not engaged in his county employment. [See 40 NY2d 1056.]  