Bouton v. New York State Department of Civil Service

OPINION OF THE COURT

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 of the Civil Service Law which sets forth the procedures to be followed in suspending or demoting employees when positions in the…