Opinion
December 31, 1984
Appeal from the Supreme Court, New York County (Wolin, J.).
Judgment affirmed, without costs or disbursements.
We find that the record contains competent evidence establishing that the respondent Chief Administrative Judge's determination establishing the new title "Principal Administrative Secretary" (at salary grade JG-21) was based upon a reorganization of high-level administrative offices which had occurred. The decision to make appointments to that title prospective rather than retroactive in application was based to a significant extent upon consideration of whether there were moneys available to fund the new position. On the evidence in this record, the decision to create the new title and to do so prospectively was not shown to be arbitrary or unlawful (see 22 NYCRR 25.5 [b]; Matter of Dillon v. Nassau County Civ. Serv. Comm., 43 N.Y.2d 574; Matter of Grossman v. Rankin, 43 N.Y.2d 493).
Our determination is without prejudice to petitioner's pending administrative appeal filed on December 26, 1979. Titone, J.P., Weinstein, Rubin and Boyers, JJ., concur.