Opinion
February 21, 1995
Appeal from the Supreme Court, Nassau County (Roberto, J.).
Ordered that the judgment is affirmed insofar as appealed from, with costs.
"It is well settled that a public employer may abolish civil service positions for the purposes of economy or efficiency" (Matter of O'Donnell v. Kirby, 112 A.D.2d 936; see, Matter of Aldazabal v. Carey, 44 N.Y.2d 787). However, the record in this case fails to support the appellants' contention that the petitioner's position was in fact abolished. Rather, the evidence before us, including the letter of notification sent to the petitioner, clearly demonstrates that the petitioner was separated or dismissed from service due to purported delays in the receipt of funds from the County, but fails to establish that his position was abolished. Under these circumstances, the petitioner could not be removed from his position without being afforded a hearing pursuant to Civil Service Law § 75.
The petitioner's present requests for additional relief are not properly before us, inasmuch as he did not cross-appeal from any portion of the judgment. Sullivan, J.P., Rosenblatt, Joy and Altman, JJ., concur.