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MATTER OF MITCHELL v. BD. OF EDUC. OF THE CITY OF NEW YORK

234 A.D.2d 374 (1996)

651 N.Y.S.2d 115

In the Matter of Robert L. Mitchell, Appellant, v. Board of Education of the City of New York et al., Respondents

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

December 9, 1996

Ordered that the judgment is affirmed, with costs.

As a result of budgetary constraints, the respondents were authorized to eliminate two of four competitive civil service area manager positions (see, Matter of Saur v Director of Creedmoor Psychiatric Ctr., 41 N.Y.2d 1023; Matter of Johnson v Board of Educ., 155 A.D.2d 896). The petitioner, who was next on the list of eligible...

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