BOUTON v. DEPT CIV SERV


110 Misc.2d 1072 (1981)

Dean M. Bouton, Petitioner, v. New York State Department of Civil Service et al., Respondents.

Supreme Court, Special Term, Albany County.

October 21, 1981


Attorney(s) appearing for the Case

Arnold W. Proskin, P. C., for petitioner. Robert Abrams, Attorney-General (Ellen Lacy Messina of counsel), for respondents.


CON. G. CHOLAKIS, J.

This is an article 78 proceeding brought by the petitioner following the termination of his civil service position with the New York State Department of Environmental Conservation. The proceeding challenges a determination of the Civil Service Commission which, in effect, rejected the petitioner's argument that, upon the abolishment of his position, he was entitled to displace certain other employees.

In issue is section 80...

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