Opinion
January 31, 1994
Appeal from the Supreme Court, Suffolk County (Rohl, J.).
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. 155). One who challenges the abolition of a position has the burden of proving that the act was not effected in good faith (see, Matter of O'Donnell v Kirby, 112 A.D.2d 936; Matter of Piekielniak v. Axelrod, 92 A.D.2d 968, 969).
Here, the record indicates that the abolition of the petitioner's former position was the result of a Town reorganization plan. The civil service position of Sanctuary Coordinator in charge of Project SAFE was abolished and Project SAFE was absorbed by the Babylon Youth Institute, an independent not-for-profit organization which is operated through State and County contracts and grants. The record supports the Supreme Court's conclusion that the position was abolished for economic reasons. Further, the record does not reflect any improper motive, such as political patronage. Bracken, J.P., Balletta, Copertino and Santucci, JJ., concur.