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MATTER OF ROSENTHAL v. GILROY

208 A.D.2d 748 (1994)

617 N.Y.S.2d 509

In the Matter of Barbara F. Rosenthal, Appellant, v. Michael K. Gilroy et al., Respondents

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

October 17, 1994

Ordered that the judgment is reversed, with costs, and the matter is remitted to the Supreme Court for further proceedings consistent herewith.

The petitioner contends that the Supreme Court erred in dismissing her petition on the ground that there was no evidence of bad faith by the respondents in abolishing her position. We agree.

It is well-settled that a public employer may abolish civil service positions for...

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