Opinion
August 22, 1994
Appeal from the Supreme Court, Nassau County (Becker, J.).
Ordered that the judgment is affirmed, with costs.
We agree with the Town's position that a public employer may abolish a civil service position for the purpose of economy or efficiency as long as the position is not abolished as a subterfuge to avoid statutory protection afforded civil servants before they are discharged (see, Matter of Aldazabal v. Carey, 44 N.Y.2d 787; Matter of Bianco v. Pitts, 200 A.D.2d 741). Here, the Supreme Court correctly determined that the petitioner failed to sustain his burden of proving that his position was abolished in bad faith (see, Matter of O'Donnell v. Kirby, 112 A.D.2d 936).
We have examined the petitioner's remaining contentions and find them to be without merit. Thompson, J.P., Balletta, Krausman and Florio, JJ., concur.