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MATTER OF BIANCO v. PITTS

200 A.D.2d 741 (1994)

607 N.Y.S.2d 78

In the Matter of Leonard Bianco, Appellant, v. Arthur Pitts et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 31, 1994

Ordered that the judgment is affirmed, with costs.

It is well settled that a public employer may abolish civil service positions for purposes of economy or efficiency (see, Matter of Aldazabal v Carey, 44 N.Y.2d 787). A position may not, however, be abolished as a subterfuge to avoid the statutory protection afforded to civil servants before they are discharged (see, Wood v City of New York, 274 N.Y....

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