Opinion
May 27, 1997
Appeal from the Supreme Court, Orange County (Bellantoni, J.).
Ordered that the judgment is affirmed, with costs.
It is well established that a public employer may abolish civil service positions for the purposes of economy or efficiency (see, Matter of Aldazabal v. Carey, 44 N.Y.2d 787; Matter of Rosenthal v Gilroy, 208 A.D.2d 748, 748-749; Matter of Della Vecchia v. Town of N. Hempstead, 207 A.D.2d 484; Matter of Bianco v. Pitts, 200 A.D.2d 741). It is also well settled that the one who challenges the validity of such an act has the burden of proving that the employer did not act in good faith in abolishing the position (see, Matter of Rosenthal v. Gilroy, supra; Della Vecchia v. Town of N. Hempstead, supra; Matter of Bianco v. Pitts, supra; Matter of Crow v. Ambach, 96 A.D.2d 642; Matter of Connolly v. Carey, 80 A.D.2d 936). Here, the Supreme Court properly determined that the petitioner had failed to sustain his burden of proving that the respondent did not act in good faith (see, Matter of Della Vecchia v. Town of N. Hempstead, supra; Matter of Bianco v. Pitts, supra).
Miller, J.P., Ritter, Joy and Krausman, JJ., concur.